ELECTION LAW — Appeal Timelines — Section 285(7) of 1999 Constitution — 60 Days for Disposal
Ratio Decidendi
Per Onnoghen, JSC, in Shettima & Ors v. Goni & Ors (Consolidated) (2011) NLC-123-332-2011(SC) at p. 22; Paras A—C:
"By the provisions of Section 285(7) of the 1999 Constitution an appeal from a decision of an election tribunal or court either in an interlocutory proceeding or final decision must be heard by the appellate court and disposed of within sixty (60) days from the date of the delivery of judgment/decision/order/decree/conviction/sentence or recommendation of the tribunal or court."
Explanation / Scope
This principle establishes that under Section 285(7) of the Constitution, an appeal from an election tribunal or court, whether interlocutory or final, must be heard and disposed of within 60 days from the date of the decision. The principle applies in election appeals. It ensures that appeals are determined expeditiously. The principle reflects the mandatory nature of the timeline. It prevents delays in election appeals. The court must comply with the 60-day limit. The principle provides guidance on the disposal of election appeals.