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(2003) JELR 44942 (CA)    

Court of Appeal  ·  CA/A/EP/151/2003 ·  22 Oct 2003 ·  Nigeria
Other Citations
Abubakar v. I.N.E.C [2004] 1 NWLR (Pt.854)207
Abubakar v. I.N.E.C. (2004) 1 NWLR (Pt. 854) 207
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMAH-ENEH Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
3rd respondent
electoral act
4th respondents
election petition
court of appeal rules
82nd respondents
learned counsel
supreme court
1st schedule
2nd respondents
army officers
mr. bawa
nasarawa state
practice direction no.1
provisions of section
running mates
judgment of the court
jurisdiction of a court
oral application
own brief
proper order
running mates of the 1st appellant
decline jurisdiction
determination of the issue of jurisdiction
existence of the rules
extensions of time
following issues
governorship election petition
honourable president of the court of appeal
independent national electoral commission
leading judgment
legislative houses election petition tribunal
names of persons
national democratic party
petitioner appellant
political parties
preliminary objections
printed record of proceedings shows
said petition
said respondents i. k. bawa
service of the record of proceedings
sets of respondents
statutory provisions of the first schedule
succinct statement of his arguments
support of the 3rd respondent
time of hearing
written brief

VICTOR AIMEPOMO O. OMAGE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment, described as the ruling of the National Assembly/Governorship and Legislative Houses Election Petition Tribunal which held in Nasarawa State.

The tribunal presided over the Governorship election petition in Nasarawa State in the matter between:

(1) Senator Haruna Abubakar

(2) National Democratic Party against (1) The Independent National Electoral Commission and 85 others.

In the ruling; the chairman and four members of the tribunal held as follows:

"We hereby decline jurisdiction to entertain the election petition filed on 20/5/2003. In Nigerian Leather Works Ltd. v. Noss and Umlanff Nigeria Ltd. and Another (1977) NCAR 428 at 431 Uwaifo, JCA, (as he then was) stated as follows: "the proper order to be made where jurisdiction of a court is ousted is to strike out the case."

Again in Oloriode and Ors. v. Oyebi (1984) 1 SCNLR 390; (1984) 5 SC 1 at 32. Obaseki, JSC stated as follows:…

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