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AGI & ANOR
V.
ODEY & ORS

(2021) JELR 108745 (CA)

Court of Appeal 30 Jun 2021 Nigeria
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- The case involves an appeal against the judgment of the National and State Houses of Assembly Election Tribunal in Calabar, Cross-River State. - The Tribunal upheld the preliminary objection of the Respondents, stating that the Appellants

Case Details

Suit Number:CA/C/NAEA/SEN/167/2021(CONSOLIDATED)
Judges:Chioma Egondu Nwosu-Iheme, JCA Mudashiru Nasiru Oniyangi, JCA Balkisu Bello Aliyu, JCA
Counsel:EMMANUEL C. UKALA, SAN, WITH HIM, N. MBA E. UKWENI, SAN ACHU T. ACHU, ESQ., JOSEPH OLOKO, ESQ., PATRICK O. ARIKPO, ESQ., E. E. E. EKERE, ESQ., UGOCHI O. IGWENYI, ESQ. AND REGINALD W. NWOKA, ESQ. For Appellants; MATTHEW BURKAA, ESQ, WITH HIM, M. SHUAIBU, OLADIMEJI EKENGBA, ESQ, N. ONWUGHARAM, ESQ. AND K. ADESINA, ESQ. FOR 1ST AND 2ND RESPONDENTS; BODE OLANIPEKUN, SAN WITH HIM, OFFIONG O. OFFIONG, ESQ., AKINTOLA MAKINDE, ESQ. AND ISREAL OLAWUMI, ESQ.; EMMANUEL ENOIDEM, ESQ. for 4th Respondent; E. J. AMATEY ESQ holding the brief of M. K. ABDULLAHI for 5th Respondent.

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellants herein in Appeal No. CA/C/NAEA/SEN/167/2021 which we intend to use mainly in the determination of this consolidated appeals was the Petitioner at the Election Tribunal. This appeal arose sequel to the judgment of the National and State Houses of Assembly Election Tribunal that sat in Calabar, Cross-River State to hear petitions from the Bye-election held on Saturday, the 5th day of December, 2020 into the Cross-River North Senatorial District.

In its judgment delivered on the 18th day of June, 2021, the Tribunal upheld the preliminary objection of the Respondents that challenged the competence of the petition and the jurisdiction of the Tribunal to entertain the petition on several grounds, including the locus standi of the Appellants herein to raise the issues they raised in their petition relating to the nomination, sponsorship and who was the proper candidate of the 3rd Respondent (P.D.P) in the disp…

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