APC
V.
MBAWIKE & ORS

(2017) JELR 40025 (CA)    

Court of Appeal  ·  CA/OW/EPT/SHA/4/2016 ·  9 Jan 2017 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
petition
member
1st respondent
case
issues
3rd respondent
1st schedule
appellants motion
electoral act
election tribunal
typographical errors
1st respondents motion
state houses of assembly election tribunal
2nd respondent
grant of the motion
hon. justice a.g. kwajafa
substantial amendment
supplementary election
2nd member
amendment of her petition
case of madukolu vs nkemdilim
interlocutory appeal
quorum of court
re-run election
substantive petition
3rd respondents counsel
appellants candidate
appellants counsel
brief of arguments
c.g.c ltd vs aminu
circumstances of case
composition of court
correct grammar
counsel appellant
grounds of appeal
inaugural sitting of the tribunal
lower court
mbano state constituency
member of the earlier panel
nyesom case
original election file
panel members
peoples democratic party
petitioners time
respondents brief
rulings of the national
sacred rule of fair hearing
said conclusions
sea truck ltd vs anigloro
see section

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): This is an interlocutory Appeal against the two Rulings of the National and State Houses of Assembly Election Tribunal, sitting in Owerri, in Suit (Petition) No. EPT/IM/SHA/RE/2/2016, CORAM; Hon. Justice A.G. Kwajafa (Chairman) and Hon. Justice A.O. Ayoola (member 1), delivered 11/11/16 and 14/11/16, respectively.

The first Ruling had allowed the Petitioner to amend the petition to correct clerical or typographical errors, while the 2nd Ruling adjourned all objections to the petition to be taken along with the substantive petition, considering the fact that 86 days had already been expended on the petition.

Following the re-run election of 23/7/16 and the ensuing supplementary election of 28/7/16 on the Mbano State Constituency, whereof the Appellants candidate (3rd Respondent) was declared a winner by the 2nd Respondent, 1st Respondent filed a petition at the Election Tribunal, claiming that the 3rd Respondent was not duly elec…

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