GALADIMA JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Governorship and Legislative Houses Election Petition, Imo State of Nigeria, holden at Owerri, delivered on 17 September2007. The lower tribunal dismissed the petitioner’s (now the appellant) petition for failure on his part to apply for the issuance of pre-hearing notice in accordance with the provisions of paragraph 3(1) of the Election Tribunal and Court Practice Directions, 2007. The tribunal held as follows: “The petitioner in this case brought his application on 24 July 2007, exactly 9 (nine) days before the 3rd respondent’s reply was served on him. The application for substituted service was made by the petitioner, so he ought to have known that the 3rd respondent was still within time to file her reply by the time he made the application for pre-hearing notice. We are therefore constrained to hold that the application made by the petitioner on 24 July 2007 for a pre-hearing notice is inc…
AZUDIBIA
V.
INEC
(2008) JELR 54082 (CA)
Court of Appeal 14 May 2008 Nigeria
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Case Details
Suit Number:CA/PH/EPT/507/2007
Judges:SULEIMAN GALADIMA JCA (Presided and Read the Lead Judgment) KUDIRAT M.O. KEKERE-EKUN JCA EJEMBI EKO JCA
Counsel:L.M. Alozie Esq. (with him, Uloma Emenyonu (Mrs.)) - for the
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Appellant.
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C.U. Ekomaru Esq. (with him, D.U. Alinnor Esq., Ogachi Nwaugo (Mrs.) - for the 1st and 2nd Respondents.
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Emeka O. Nwagu Esq. (with him, E.C. Ekechukwu Esq.) - for the 3rd Respondent. C
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