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HON. KPAM JIMIN SOKPO
V.
HON. JOSEPH TERFA ITYAV & ORS

(2019) JELR 92009 (CA)

Court of Appeal 4 Nov 2019 Nigeria
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Suit Number:CA/MK/EP/HR/44/2019
Judges:ITA GEORGE MBABA, Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI, Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM, Justice of The Court of Appeal of Nigeria
Counsel:Chief S.T. Hon (SAN) (with him, Messrs M.I. IJdam, B.A. Iorheghem, A. Tijah, M.T. Ageba and E.N.Du For Appellant(s) K. Olowookere, Esq. (with him, Messrs l.c. Ogugua and A. Theophilus) For 1st and 2nd respondents

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): The 1st and 2nd cross respondents by election petition No. EPT/BN/R/05/2019 questioned before the National and State Houses of Assembly Election Tribunal, Makurdi, the election and return of the cross appellant in the polls held on 23/2/2019 for the Member representing Buruku Federal Constituency in the House of Representatives. The tribunal dismissed the petition on 6/9/2019.

Aggrieved by the decision, the 1st and 2nd cross respondents appealed to this Court by means of a notice of appeal. I take judicial notice of the fact that the appeal was numbered CA/MK/EPT/HR/37/2019. The cross appellant filed a notice of cross appeal on 9/10/2019 against the part of the decision of the tribunal which dismissed the cross appellants preliminary objection to the preliminary objection.

Briefs were filed and exchanged between the cross appellant and the 1st cross respondent. The 1st and 2nd cross respondents filed a notice of preliminary ob…

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