ELECTION LAW — Appeal Timelines — Expiration of Time — Effect on Jurisdiction
Ratio Decidendi
Per Onnoghen, JSC, in Shettima & Ors v. Goni & Ors (Consolidated) (2011) NLC-123-332-2011(SC) at pp. 22—23; Paras E—A:
"The legal effect of the expiration of the sixty (60) days prior to the determination of the appeal before the lower court is to extinguish the appeal and with it the order of the lower court made on 26th September, 2011, the subject of the instant appeal being an interlocutory order made in the said appeal."
Explanation / Scope
This principle establishes that expiration of the 60-day period before determination of an election appeal extinguishes the appeal and any interlocutory order made in it. The principle applies in election appeals. It ensures that appeals are determined within the constitutional timeframe. The principle reflects the mandatory nature of election timelines. It prevents appeals from surviving beyond the statutory period. The court must dismiss the appeal. The principle provides guidance on the effect of expiration of time in election appeals.