Entering of appeal

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referred to as the respondent; but if the petition complained of the conduct of an

electoral officer, a presiding officer, and returning officer or any other person who

took part in the conduct of an election, the electoral officer, president officer, returning

officer or that other person shall for the purpose of this Decree be deemed to be a

respondent and shall be joined in the election petition as a necessary party.” The

above quoted provision of the decree was not complied with by the petitioner, and

the lower Tribunal had no jurisdiction to hear the so called petition. It was decided in

Barry & Ors. v. Eric & Ors. (1998) 8 N.W.L.R. (Pt. 562) at p. 104 that once there

is no compliance with the rules prescribed for filing a petition, there is no petition

before the Court.” Per Omage, J.C.A., in Tambari v. Bango (1999) 6 N.W.L.R.

(Pt. 605) 145 at 152 – 153.

(61) ENTERING OF APPEAL

1037. Courts should be seized of proceedings between parties after an appeal

has been entered.

“It has been suggested that such an application can only be made to this Court, by

virtue of rule 19 of the same Order, which provides that: - “After an appeal has been

entered and until it has been finally disposed of, the Court shall be seized of the

whole of the proceedings as between the parties thereto, and except as may be

otherwise provided in this Order, every application therein shall be made to the Court

and not to the Court below, but any application may be filed in the Court below for

transmissions to the Court. This rule, however, does not come into operation until an

appeal has been “entered”, and that takes place when the record of appeal is received

in this Court and entered in the cause list in accordance with Order VII, rule 12(2),

not when notice of appeal is given.” - Per Brett, F.J. in Ogunremi v. Dada Suit No.

F.S.C. 220/1962 & Suit No. FSC.364/1962; (1962) 2 N.S.C.C. 419 at 421.

1038. Entering an appeal.

“Once an appeal is duly entered in an appellate Court, it cannot be rightly suggested

that such an appellate Court is not seised of the appeal or that such an appellate

Court would have no jurisdiction to entertain the cause or matter.” – Per Iguh, J.S.C.,

in Falomo v. Bamigbe Suit No. S.C. 127/1995; (1998) 7 N.W.L.R. (Pt. 559) 679 at

701.

1039. Forwarding of petition of appeal by registered post.

“I consider that the forwarding of the petition of appeal by registered post, as was

done here, was an adequate compliance with Order 50 rule 3 and that if personal

presentation be essential, which I do not think it is, the appellant must be taken to

have, through his counsel, constituted the Post Office as his agent for the purpose of

presenting the petition.” - Per Abbott, A-G. F.J. in Babale v. Ibrahim Suit No. WACA

67/1955; (1956) 1 N.S.C.C. 35 at 36.

Paras. 1036-1039