(2015) JELR 39705 (CA)    

Court of Appeal  ·  CA/YL/EPT/GMB/GOV/62/2015(CONSOLIDATED) ·  10 Sep 2015 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria
Core Terms Beta
sam kargbo
roll of legal practitioners
1st schedule
electoral act
hearing session
legal practitioners act
right of audience
1st respondent
name sam kargbo
2nd respondent
3rd respondents
circumstances of this case
decision of the tribunal
3rd august
interlocutory application
interlocutory questions
constitution of the federal republic of nigeria
hearing information sheet
application of the appellant
consideration of the peculiar nature of the jurisdiction
earlier decision
gombe state
hearing conference notice
notices of appeal
records of appeal
return of the 1st respondent
1st schedule of the electoral act
briefs of argument
briefs of the 1st respondent
conduct proceedings
consolidated applications
file court processes
file processes
governorship election petition tribunal
gubernatorial election
names sam kargbo
order of this court
said notices of appeal
session proceedings
similar applications
similar nature of the submissions
view of the fact

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): As a sequel to the gubernatorial election for Gombe State held on 11th April, 2015 at which the 1st respondent herein was returned as duly elected, the appellant who was a candidate at the election filed a petition at the Governorship Election Petition Tribunal challenging the return of the 1st respondent as duly elected.

After the close of pleadings, the appellant applied for the issuance of pre-hearing conference notice pursuant to Paragraph 18(1) of the 1st Schedule to the Electoral Act. The tribunal duly issued pre-hearing information sheet and the parties filed their respective answers. Thereafter, the pre-hearing commenced at the end of which the tribunal issued a report of pre-hearing s ession and then fixed the petition for hearing.

The 1st respondent later filed an application wherein he urged the court to strike out the petition upon the ground that the petition was signed by Sam Kargbo, Esq., a name that is n…

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