BUHARI & ORS
V.
OBASANJO & ORS

(2003) JELR 44934 (CA)    

Court of Appeal  ·  CA/A/EP/3/2003 ·  28 Jul 2003 ·  Nigeria
 · 
Other Citations
(2003) 17 NWLR (Pt. 850)423
CORAM
UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria
Core Terms Beta
petition
electoral act
court
preliminary objection
senior counsel
election petition
1st schedule
268th respondents
party
first schedule
provisions of paragraph
necessary parties
political party
presiding officer
chief afe babalola
jurisdiction of this court
returning officer
competence of the petition
conduct of an electoral officer
notice of preliminary objection
proper parties
sets of respondents
legal grounds
alternative reliefs
competence of an election petition
competence of the petitioners petition
face of the election petition
joinder of necessary parties
learned counsel
present case
3rd-268th respondents
aggrieved party
behalf of the respondents
chief ahamba
clear grounds of law
conduct of election
following terms
further take notice
hearing of the notices of preliminary objection
joinder of interested parties
notices of preliminary objections
notices of the objections
part of the court
provisions of sections
such manner
take notice

ABDULLAHI, P.C.A. (Delivering the Leading Ruling): Following notices of preliminary objections filed by the 1st, 2nd and 3rd - 268th respondents on 19/6/2003 challenging the competence of the petitioners petition, the learned senior counsel to the petitioners on being served with the notices of the objections, reacted by filing on 7-7-2003, a notice of preliminary objection to the respondents' objections in the following terms:

"TAKE NOTICE that the petitioners/respondents' intend to object to the hearing of the notices of preliminary objection filed on behalf of the respondents and shall pray for the striking out of -

1. 1st and 2nd respondents' notice of preliminary objection filed on 19th June, 2003, and

2. 3rd - 268th respondents' notice filed on 19th June, 2003.

AND FURTHER TAKE NOTICE that the grounds upon which the objection is based is that the notices of preliminary objection are incompetent in that -

(a) the notices were filed after the two sets of respondents had joined iss…

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