KADIYA V. LAR & ORS.

• Pages: 591-599

KADIYA V. LAR & ORS

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591

titions were proceedings of a special nature and that abridgment of time was

necessary if the constituents are to know their representative at the earliest possible

time. I do agree that public policy demands that there should be such speed in

determining such issues, but the process by which it can be achieved must be such

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as will involve no infraction of the Constitution. In any case, could the Court of Ap-

peal be right in holding that 30 days limit was not outrageous having regard to the

circumstances? Sections 129(3) and 140(2) of the Electoral Act put a limit of 30

days

from the date of the election

on the period for any proceedings in a High

Court in an election petition. By the combined effect of sections 119(4), 135 and

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139 of the Electoral Act it is clear, as was very graphically demonstrated by Chief

Williams in this Court, that even if the petition was filed a day after declaration of

the result of the election concerned, and even when it is assumed that the result of

that election was released a day after the election (which was never the case in the

last general elections), the total period before the petition could come to trial is 31

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days! In other words, it was not even a question of reasonable time to ensure a

fair trial within section 33(1) of the Constitution, but rather a question of no time at

all for a trial! It seems clear to me therefore that sections 129(3) and 140(2) of the

Electoral Act 1982 violated the right guaranteed the citizen by section 33(1) of the

Constitution and to that extent are void.

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It was for these reasons, and for the more detailed reasons contained in the

judgment of Uwais, J.S.C. to which I had earlier made reference, that I allowed

this appeal on 30th September, 1983, declared sections 129(3) and 140(2) of the

Electoral Act, 1982 unconstitutional and remitted the petition to the High Court of

Benue State for hearing with despatch on its merits.

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Appeal allowed.

KADIYA V. LAR & ORS

30

JOHN KADIYA

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APPELLANT

V

35 1. SOLOMON DAUSHEP LAR

2.

CHIEF FEDERAL ELECTORAL

OFFICER FOR PLATEAU STATE

ALHAJI GARBA L. UMARU

3.

THE RETURNING OFFICER

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ALHAJI SHETTIMA GANA

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RESPONDENTS

SUIT NO. SC 99/1983

SUPREME COURT OF NIGERIA

SOWEMIMO,



C.J.N.

IRIKEFE,



J.S.C.

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BELLO,



J.S.C.

OBASEKI,



J.S.C.

ESO,



J.S.C.

ANIAGOLU,



J.S.C.

UWAIS,



J.S.C.

50 25th, November 1983

Election Petitions - Appeal against provisions of ss. 129 (3) and 140 (2) of the

Electoral Act - Powers of National Assembly - Enactment of time limitation

for election petitions - Whether constitutional.