(2007) JELR 44218 (CA)    

Court of Appeal  ·  CA/PH/EPT/261/2007 ·  13 Jul 2007 ·  Nigeria
Other Citations
AMGBARE V. SYLVA (2007) 18 NWLR (Pt.1065) 1 C.A.
SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria BODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
right of appeal
7th respondents
election petition
high court
enlargement of time
interlocutory decision
senior counsel
learned counsel
election tribunal
supreme court
federal high court
provision of section
2nd respondent
decision of the lower tribunal
grounds of appeal
exercise of their discretion
instant appeal
provision of paragraph
ruling of the election tribunal
7th respondents enlargement of time
bayelsa state
case of uba v
circumstances of the case
court of law
decision of election tribunal
decision of the national assembly election tribunal
final decision
first schedule
following cases
grant of enlargement of time
legislative houses elections tribunal
mandatory provisions of paragraph
miscarriage of justice
order of the lower tribunal
provisions of paragraph
reason of section
reply brief of argument
return of the 1st respondent
right of the appellants
said hearing notice
see nwabueze v
such decision
tire 2nd
unambiguous provision of the said section
view of the provision of section

SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the GOVERNORSHIP AND LEGISLATIVE HOUSES ELECTIONS TRIBUNAL sitting at YENAGOA, BAYELSA STATE, delivered on 14/6/2007 granting the 2nd to 7th Respondents enlargement of time to file a reply and refusing an application to bar them from defending the Appellant's Petition.

The facts leading to this appeal are hereby briefly stated. On 12/5/2007 the Petitioners now the Appellants dissatisfied with the return of the 1st respondent by the 2nd Respondent (INEC) filed their petition which was served on the 2nd - 7th Respondents on 14/5/2001. On 8/6/2007 the Petitioners forwarded an application requesting the issuance of pre-hearing Notice and accordingly the Tribunal issued the said hearing Notice and fixed 14/6/2001. When the 2nd - 7th Respondents had not entered appearance and/or filed a reply as prescribed by law, against the petition served on them on 14/5/2007, based upon this the petitio…

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