OKONKWO V. NGIGE

Issue:

The appellant was a candidate sponsored by Nigeria Advance Party (NAP) for the Governorship election conducted in April, 2003 in Anambra State. Having lost in the election, the appellant challenged the result of the election by a petition filed before the Governorship and Legislative Houses Election Tribunal in Awka, Anambra State which after hearing the petition dismissed it. The Appellant's appeal to the Court of Appeal, Enugu against the decision of the Tribunal was equally dismissed by the Court in its judgment delivered on 7/7/2003. However, on 9/11/2005, the appellant again filed an application at the Court of Appeal, Enugu for enlargement of time to seek leave to appeal, leave to appeal and enlargement of time within which to file and serve the notice and grounds of appeal against the decision of the Governorship and Legislative Houses Election Tribunal Awka, given on 12/8/2006, in a pending appeal at the Court of Appeal in which the Respondents in the present appeal are parties. The appellant brought his application as a party having interest in the pending appeal. This application was heard by the Court of Appeal which in its ruling delivered on 16/1/2006, dismissed the appellant's application on the grounds among which was that the application was an abuse of the, process of the court. Dissatisfied with the decision against him, the appellant is now on further appeal to the Supreme Court.