(2010) JELR 45780 (CA)    

Court of Appeal  ·  CA/J/EP/HA/282/2009 ·  1 Apr 2010 ·  Nigeria
ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria BODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
fresh evidence
original notice of appeal
fresh issues
2nd respondents
6th respondents
electronic voters registers
learned counsel
particulars of error
regards prayer
amended notice of appeal
filing of additional grounds
grounds of appeal
learned tribunal
presiding officers
2nd day of october
abubakar datti yahaya
b. learned counsel
bode rhodes-vivour
brother rhodes-vivour j.c.a.
court of appeal act
court of appeal rules
cross purposes
duty of the tribunal
election matters
electoral officers
fair election
filing of additional grounds of appeal
general competence of the petition
grant of the application
hearing of the application
inspection of this tribunal
leading ruling
legal practitioner
paragraph affidavit
petitioners counsel
position of the law
prayer no.
privilege of reading
proposed amended notice
public documents
support of the application
terms of the grounds
zainab a. bulkachuwa

BODE RHODES-VIVOUR, J.C.A. (Delivering the Leading Ruling): By way of Motion on Notice filed on the 4th of March, 2010 and brought under Section 246(1)(b)(11) of the Constitution, Sections 16 and 31 of the Court of Appeal Act/Order 6 rule 15 and Order 7 rule 10 of the Court of Appeal Rules, 2007, Learned Counsel for the appellants, Mr. S.S. Obende seeks the following:

1. Leave to amend the original Notice of Appeal filed on the 2nd day of October, 2009 by the filing of additional grounds of appeal in the terms of the grounds 14 to 25 of the proposed amended Notice and grounds of Appeal attached as exhibit 'A' to this motion, as set out in the schedule to this motion.

2. An order granting leave to the appellants, to raise grounds 15, 24 and 25 as fresh issues-

3. An order deeming the amended Notice of Appeal, filed as duly filed and served.

I.S.S. Wakklek Esq. a legal practitioner in chambers of Okey Akobundu and Co, one of the solicitors engaged by the appellant/applicants deposed to…

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