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AZIKE
V.
ARARUME & ORS.

(2003) JELR 42385 (CA)

Court of Appeal 20 Nov 2003 Nigeria
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Suit Number:CA/PH/EPT/231/2003
Judges:SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria DAVID ADEDOYIN ADENIJI Justice of The Court of Appeal of Nigeria
Counsel:Chief M.I. Ahamba S.A.N.;D.C. Denwigwe For Appellant Chief Ben. Nwakanma S.A.N;E. Nwagwu Esq For Respondent

ABOYI JOHN IKONGBEH, J.C.A. (Delivering the Leading Judgment): This is an appeal by the petitioner before the National Assembly/Governorship and Legislative Houses Election Petitions Tribunal, sitting at Owerri. The Tribunal, at the instance of the 1st respondent, struck out the petition on grounds of vagueness and non-joinder of parties.

Chief M.I. Ahamba, S.A.N., in the appellant's brief has formulated three issues for determination, Chief Bon. Nwakanma, S.A.N. in the 1st respondent's brief took objection to issue 2 on the ground that it has not arisen from any ground of appeal. It is an objection well taken. The issue raises the question whether the 1st respondent was competent to raise objection on behalf of other respondents. Chief Ahamba readily conceded the point in the appellant's reply brief. The remaining two issues in the two briefs are identical but the first issue as framed in the appellant's brief brings out the matters in controversy more clearly than as framed in the …

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