AWUSE
V.
ODILI & ORS

(2003) JELR 44943 (CA)    

Court of Appeal  ·  CA/PH/EPT/154/03 ·  17 Oct 2003 ·  Nigeria
CORAM
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
application
supreme court
jurisdiction
matter
order
appellate court
applicant
record of appeal
senior counsel
court of appeal
rule
issue of jurisdiction
lead ruling
order of injunction
port harcourt
supreme court rules
mr. kehinde sofola
stay of execution of the judgment
determination of the appeal
election petition
election tribunal of rivers state
honourable president of the court of appeal
learned senior counsel
mr. kalipa
notice of appeal
present case
rivers state
senior advocate
support of this submission
whole of the proceedings
31st day of july
appeal of the first respondent
decision of the court of appeal
democratic party
election petition tribunal
express provision
first respondent sergeant awuse
fundamental nature
grounds of jurisdiction
honourable court
interlocutory matter
lower court
ltd v. kudu holdings
pius olayiwola aderemi
proper place
said appeal
said hearing notice

RABIU DANLAMI MUHAMMAD, J.C.A. (Delivering the Lead Ruling ): On the 31st day of July, 2003; this Court allowed the appeal of the first respondent herein and ordered that the Election Petition filed by the first respondent Sergeant Awuse be heard on the merit by a differently constituted Election Petition Tribunal. The applicant herein who was the first respondent in the said appeal was aggrieved by this decision. He therefore appealed to the Supreme court. He then filed a motion on notice before this Court asking for the following reliefs:-

"(a) an order for a stay of execution of the judgment delivered in this matter by the Court on 31st July 2003;

(b) an order of injunction restraining the Election Tribunal of Rivers State, Port Harcourt from hearing and determining the petition herein.

(c) An order of injunction restraining the Honourable President of the Court of Appeal from constituting an election panel to hear and determine the petition herein pending the hearing and determin…

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