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IHEDIOHA & ANOR
V.
OKOROCHA & ORS

(2015) JELR 40723 (SC)

Supreme Court 29 Oct 2015 Nigeria
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Case Details

Suit Number:SC.660/2015
Judges:JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria AMIRU SANUSI Justice of The Supreme Court of Nigeria
Counsel:Chief M. I. Ahamba (SAN) with him, Chief Chris Uche, SAN, Chief Ndukwe Nnauchi, SAN, Chief Ahamba SAN, Chief (Dr) A.N Aguwa, L. I. Nwaogwugwu, Esq., Charles Akwete, Esq., E. N. Ichle Esq., N. M. Aladum (Mrs), Genevieve Onwunwa (Miss), James Ugbogu, Esq., Chima W. Ndugbu, Esq., Udochukwu Meribe Esq., Emeka Nnawuchi Esq., K. O. Ahamba Esq., K. U. Alisigwe, Esq., Dr. Ken Uzoechi, Odu Ajike Eze, Esq, Patrick Agu, Esq., Kanayo Okafor Esq., Uzoma Chijioke, Esq., Uzoma Nwosu Iheme, Esq., C. Okpala, Esq. for Appellant/Cross Respondent For Appellant Adeniyi Akintola (SAN) with him, Okey Amechi, SAN, A. J. Owonikoko, SAN, Obinna Amagwula Esq., C.O.C. Emeka-Izima Esq., Ifeanyi Okechukwu Esq., Nelson Ezerioha, Esq., Emeka Okoro Esq., C. N. Chilaka-Igidi, (Mrs) J. O. Aigbokhaevbolo, (Miss) Christian Okoh, Esq and A. Victor Esq., for 1st - 37th Respondent Cross Appellant G. S. Paul (SAN) with him, D. O. Agbo, Esq., V. M. G. Paul, Esq. and D. A. A. Nyam (Miss) for 2nd respondentS. N. Nnadi, Esq for 5th - 13th & 14th respondents who are the 6th, 14th and 15th respondents in the Cross appeal.Chief Bankole Falade with him, I. A. Falade, (Miss) for 11th RespondentOlukayode Enitan, Esq., , with him, M. O. Enitan, Esq., for 15th Respondent and 16th Cross respondentVictor Opara, Esq. for the 17th respondent and 18th cross RespondentE. I. Nwugha, Esq. for 25th, 30th & 31th respondents and 26th, 31st and 32nd Cross RespondentDoyin Rhodes-Vivour, (Mrs) with him, Rotimi Rhode-Vivour, Esq., and Ayodele Babalola, Esq., for 33rd Respondent J. J. Odubola, Esq. with him, A. Malgwi, Esq., for 34th Respondent & 35th Cross Respondent For Respondent

JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment):This is an appeal against the judgment of the Court of Appeal sitting at Owerri wherein the lower Court struck out the appellants' appeal for the incompetence of the notice of appeal. The said notice of appeal can be found on pages 631 - 640 of the record of appeal.

The appellants' appeal at the lower Court was against the ruling of the Governorship Election Tribunal, Owerri delivered on 22/7/2015 which dismissed their petition for being abandoned by reason of non-valid application for issuance of pre-trial forms in line with Paragraph 18 of the 1st Schedule to the Electoral Act, 2010 (as amended).

The facts leading to this appeal further disclose that during the hearing of the objection before the Tribunal, the 11th respondent, supported the preliminary objection while the 13th, 14th, 25th, 30th and 31st respondents supported the contrary position held by the petitioners.

That despite the open expression of interest by the 11th…

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