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AKPANUDOEDEHE & ORS.
V.
AKPABIO & ORS.

(2012) JELR 45964 (SC)

Supreme Court 1 Jun 2012 Nigeria
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Suit Number:SC.154/2012
Judges:CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
Counsel:Kola Awodein SAN, with him Prof. Yemi Osibanjo, SAN; O. Akinsoun Esq., J. Alobo Esq. G. Adikwu Esq. and N. Nwotua-Efebo (Miss) For Appellant Chief Bayo Ojo SAN; with him Duro Adeyele SAN; J. S. Okutepa SAN; Chief V. Iyanam Esq., U. Nwoko Esq., S. A. Salman Esq., E. Onah Esq., A. O. Esq., T. Okwute Esq., U. Offiong Esq., A. Babalola Esq., and T. Nanle (Miss) for the 1st and 2nd Respondents. A. Oyesanya Esq.; with him D. Okon Esq., E. Bassey Esq., E. O. Akpan Esq., and N. Udoh Esq., for the 3rd Respondent.Dr. O. Ikpeazu SAN; with him E. Etiaba Esq., Jacob Akpong; Lynda Chuba-Ikpeazu; Tochukwu Nweke Esq., and Mavis Ekwechi Esq. for the 4th Respondent. For Respondent

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Lead Ruling): This appeal is in the main asking the court to depart from its decision in ANPP v. Goni (supra) and other decisions in its interpretation of section 285 (6) of the Constitution as amended. The 1st and 2nd respondents on one part and the 4th respondent each filed a Preliminary objection and had the arguments embedded in their Briefs of Arguments. The 3rd respondent did not file a preliminary objection, but aligned to the raising of those objections and anchoring on the arguments.

Chief Bayo Ojo SAN for the 1st and 2nd respondents submitted that the appellants are estopped from filing this appeal seeking that their petition be remitted back to the trial tribunal for hearing, the status of a petition after 180 days of the date of it being filed having been conclusively resolved against their interest in ANPP v. Goni (supra).

Dr. Onyechi Ikpeazu SAN for the 4th respondent contended that jurisdiction is a creation of statute and…

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