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EZEANUNA & ANOR
V.
OGENE & ORS

(2012) JELR 35180 (CA)

Court of Appeal 23 Jan 2012 Nigeria
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Suit Number:CA/E/EPT/72/2011
Judges:AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ADAMU JAURO Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria
Counsel:B.S. Onuegbu For Appellant G.B. Obi with V.E. Okonkwo (Mrs.) for the 1st and 2nd Respondents.Anugo Offor with Emeka Ibe for the 3rd; and 5th - 7th Respondents. For Respondent

AYOBODE OLUJIMI LOKULO-SODIPE, JCA (delivering the Leading Judgment): This is an appeal against the ruling delivered on 25/11/2011 by the National and State Houses of Assembly Election Tribunal, Awka, Anambra State, (hereafter simply referred to as "the Tribunal") in petition No. EPT/AN/NAE/HR/67/2011 (hereafter simply referred to as "the Petition"). In the ruling, the Tribunal on 25/11/2011 declined proceeding further with the hearing of all applications that were pending in the Petition (which was filed on 27/5/2011) on the ground that the Petition had lapsed and died since 23/11/2011. Consequently, the Tribunal on the aforesaid 25/11/2011, not only struck out all applications that were pending in the Petition, but also the Petition itself.

The Appellants on 27/5/2011 instituted the Petition which relates to the election held on 26/4/2011 to the House of Representatives of the National Assembly for the Ogbaru Federal Constituency of Anambra State. The 1st Appellant contested the ele…

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