(2005) JELR 45314 (CA)    

Court of Appeal  ·  CA/PH/EPT/56/2005 ·  4 Jul 2005 ·  Nigeria
VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria MONICA B. DONBGAN-MENSEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
court of appeal
notice of appeal
national assembly
bayelsa state local government law
decision of the high court
local government election
preliminary objection
high court
senior counsel
supreme court
constitution of the federal republic of nigeria
criminal proceedings
notice of preliminary objection
honourable court
legal representative
onitiri v benson
respect of election petition proceedings
ruling of the high court of bayelsa state
specific provisions
applicable sections of the evidence act
case of ndu v onuaguluchi
cases of buhari v yusuf
clear provisions of section
constitutional provisions
d.d. fiderikumo esq
decision of the bayelsa state local government election tribunal
deputy governor
due consideration of the argument of counsel
edward obiokor esq
fashoro v beyioku
high court of bayelsa state
jurisdiction of the lower court
k. wodu
learned counsel
learned judge of the court
monica bolna
mr. e.c. ukala
omoregbe v lawani
parity of reasoning
provision of section
respect of all local government election matters
ruling of the lower court
solicitor of the 1st respondent
stand point of the court
victor aimepomo oyeleye omage
virtue of section

JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Ruling ): As can be garnered in the Ruling of the lower court handed out on 16th day of December 2004, the learned judge of the Court below -Ayenrieye, J, dismissed the preliminary objection raised against the jurisdiction of the lower court to entertain an appeal which emanated from a decision of the Bayelsa State Local Government Election Tribunal. The Appellant/Respondent herein felt unhappy with the stand point of the court below and has appeal to this court vide the Notice of Appeal dated and filed on 29th December, 2004.

On 17th March, 2005, the Solicitor of the 1st Respondent/Applicant herein filed a Motion on Notice in which he prayed for an order striking out this appeal, in limine, as it were. The grounds for the application were stated as follows: "(i) The Notice of Appeal in this Appeal is not competent.

(ii) The Notice of Appeal in this appeal purports to challenge the Ruling of the High Court of Bayelsa State in respect…

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