APPELLATE PRACTICE — Interlocutory Appeals — Limitation Period — Section 285(7) of 1999 Constitution — Appeals Against Interlocutory Rulings Must Be Heard Within 60 Days
Ratio Decidendi
Per Adekeye, JSC, in CPC v. INEC & Ors (2011) NLC-123-426-2011(SC) at p. 9; Paras A—B:
Ratio Decidendi (Source): "Section 285 (7) of the 1999 constitution (as amended) reads — 'An appeal from a decision of an election tribunal or Court of Appeal in an election matter shall be heard and disposed off within 60 days from the date of the delivery of judgment of the tribunal or Court of Appeal.' ... The simple, straight forward, unambiguous words used in the foregoing provisions show that Section 285 (7) of the 1999 Constitution (as amended) and Section one of the Practice Directions are Limitation Laws."
Explanation / Scope
This principle establishes that under Section 285(7) of the Constitution, an appeal from an election tribunal or Court of Appeal in an election matter must be heard and disposed of within 60 days, and these provisions are limitation laws. The principle applies in election appeals. It ensures that appeals are determined within the constitutional timeframe. The principle reflects the mandatory nature of the timeline. It prevents delays. The court must comply with the 60-day limit. The principle provides guidance on interlocutory appeals.