OGUNWUMIJU JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Governorship and Legislative Houses Election Petition Tribunal sitting at Asaba, Delta State, delivered on Thursday, 6 September 2007 wherein the tribunal granted the respondents’ motion to dismiss the petition and refused the petitioners’ motion for enlargement of time within which the petitioners may apply for the issuance of pre-hearing notice. The facts leading to this appeal are as follows: A The petitioners, Dr. (Mrs.) Marian Nneamaka Comfort Ali and the Peoples’ Democratic Party filed a petition dated 26 May 2007 the same day. They are the appellants in this appeal. The petition was against (1) Senator Patrick Enebili Osakwe (2) Accord Party (3) INEC. They are the respondents in this appeal. The petitioners at the election petition tribunal claimed sundry reliefs, principal of which is a declaration that the 1st respondent was not properly and/or not validly nominated by the 2nd respond…
ALI
V.
OSAKWE
(2008) JELR 53687 (CA)
Court of Appeal 28 May 2008 Nigeria
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Case Details
Suit Number:CA/B/EPT/261/2007
Judges:SAKA ADEYEMI IBIYEYE JCA (Presided) GEORGE OLADEINDE SHOREMI JCA HELEN MORONKEJI OGUNWUMIJU JCA ( Read the Lead Judgment)
Counsel:Chief Chimezie Ikeazor SAN, Rickey Tarfa SAN (with them, Ogefere Est; F.A . Ngarijuwa, A.J. Owonikoko, Uju Ikeazor; J.O. Odubala) - for the Appellants.
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Ohwovoviohe SAN, Imadegbelo SAN (with him, R. Itamah (Miss) and A. Alofoje) - for the 1st and 2nd Respondents.
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Ugheoke holding O. Ovrawah’s brief - for the 3rd Respondent.
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