(1999) JELR 43897 (CA)    

Court of Appeal  ·  CA/A/EPPR/13/99 ·  22 Mar 1999 ·  Nigeria
Other Citations
Egolum v. Obasanjo (1999) 7 NWLR (Pt.611) pg.423
Egolum v. Obasanjo II (1999) 7 NWLR (Pt. 611) 423
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria
Core Terms Beta
decree no.6
locus standi
chief afe babalola
presidential election
60th respondents
brother musdapher j.c.a.
petitioner chief chuba egolum
service of the petitioner
submissions of chief afe babalola
17th day of march
argument of mr. asemota
behalf of the 1st respondent
brother musdapher jca
classes of persons
clear provisions
complete agreement
copy of the lead
definitive provisions of the relevant law
election petition
entire petition
first respondent
foot of the petition
leading ruling
lead ruling
literal canon of interpretation
mr. asemota
mr. solomon asemota
nature of the right
opportunity of reading
o schedule
proof of the allegations
provisions of paragraph
provisions of the law
provisions of the schedule
relevant paragraphs
said law
san counsel
similar application
vide s.

MUSDAPHER, J.C.A. (Delivering the Leading Ruling): On the 17th day of March 1999 each of 2nd to 60th respondents filed an application that the petition be struck out for diverse reasons which will he discussed all on in this ruling. On the 18th day of March, 1999, the first respondent filed a similar application. With the consent of counsel the two motions were consolidated.

Chief Afe Babalola, SAN arguing the application on behalf of the 1st respondent firstly submitted that the petitioner failed to comply with paragraph 5 (4) -5 (7) to Schedule 4 of Decree No.6 of 1999, in that the address for service of the petitioner was not stated at the foot of the petition. he urged us to strike out the petition, he relied on several judicial decisions. Eghobamien, SAN counsel to 2nd - 60th respondents associated with the submissions of Chief Afe Babalola. Mr. Solomon Asemota, SAN replied and submitted that the requirement or the law was that the address for service for the petitioner should be…

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