ELECTION LAW — Election Petitions — Accelerated Hearing — Mandatory Nature of Timelines
Ratio Decidendi
Per Onnoghen, JSC, in Shettima & Ors v. Goni & Ors (Consolidated) (2011) NLC-123-332-2011(SC) at pp. 12—13; Paras A—C:
"By the ordinary meaning of the words used in the provisions supra, it is clear that:— i. An election tribunal must, of necessity deliver its judgment/decision in writing in an election petition within 180 days from the date of the filing of the petition ii. An election petition and an appeal arising therefrom must be given accelerated hearing and must take precedence over all other cases or matters before the tribunal or court. iii. An interlocutory appeal shall not operate as a stay of proceedings nor shall it form a ground for stay of proceedings before a tribunal. All the above provisions emphasize the essential nature of an election matter either at trial or on appeal which is that it is an urgent matter."
Explanation / Scope
This principle establishes that election tribunals must deliver judgment within 180 days, election petitions and appeals must be given accelerated hearing and precedence, and interlocutory appeals do not operate as stays. The principle applies in election proceedings. It ensures that election matters are treated as urgent. The principle reflects the mandatory timelines for election cases. It prevents delays. The court must comply with the timelines. The principle provides guidance on the accelerated hearing of election petitions.