(2015) JELR 45769 (CA)    

Court of Appeal  ·  CA/AK/EPT/GOV/266/14 ·  29 Jan 2015 ·  Nigeria
MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria MOHAMMED A. DANJUMA Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
electoral act
first schedule
1st respondent
prehearing session
learned counsel
preliminary objection
hearing session
jurisdiction of the tribunal
2nd respondent
lower tribunal
preliminary objection of the appellant
abandoned petition
decision of the tribunal
interpretation of paragraph
order of the tribunal
cases of nto
determination of the merit of a case
failure of the 1st respondent
grounds of appeal
notice of appeal
provisions of the first schedule
anor v hon. amadi
expiration of the time
interlocutory ruling of the osun state governorship election petition tribunal
issuance of notice of pre-hearing session
judgment of the lower court
learned tribunal
para e
pending motions
petition ought
provisions of section
quick disposal of election cases
relevant briefs of argument
rules of the honourable tribunal
rules of this honourable tribunal
sacred provisions of paragraph
said application
said provisions
sole issue
stand of the trial tribunal

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal on the Interlocutory Ruling of the Osun State Governorship Election Petition Tribunal sitting at Osogbo, delivered on 6th November 2014.

The Appellant, on the 23rd day of October, 2014, filed a motion on Notice for

(a) an order of the Tribunal striking out the Petitioner's Reply same having been filed out of time prescribed by the Rules of this Honourable Tribunal;

(b) an order of the Tribunal deeming the petition as abandoned for the petitioner's failure to apply for the issuance of Notice of Prehearing session after the close of pleadings; and

(c) an order of the Tribunal dismissing the petition for failure of the petitioner to apply for Issuance of Notice of Pre-hearing session before the expiration of the time prescribed by the Rules of the honourable Tribunal.

On the 4th day of November 2014, at the pre-hearing session Learned Counsel to the 1st Respondent (petitioner) orally applied that the Appe…

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