INEC & ORS.
V.
INIAMA & ORS.

(2007) JELR 33845 (CA)

Court of Appeal 21 Nov 2007 Nigeria
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- This is an appeal against the ruling of the Election Petition Tribunal in Akwa Ibom State. - The appellants sought to strike out the petition for being irregular and incompetent. - The appellants argued that the petitioners failed to comp

Case Details

Suit Number:CA/C/128/2007
Judges:VICTOR AIMEPOMO O. OMAGE Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria
Counsel:Joe Agi, Esq. (SAN) For Appellant Mumman Mike Osuman (SAN) (with him, S. T. Hon, Esq., Terso Igba, Esq. for the 1st and 2nd RespondentsDuro Adeyele, Esq. SAN (with him, Ime Umanah, Esq and Goddy Umoh, Esq.)- for the 3rd RespondentEdet Bassey, Esq. (with him, E. Akpan, Esq) - for the 4th Respondent For Respondent
Other Citations:(2008) 8 NWLR (Pt. 1088) 182, INEC & ORS. V. INIAMA & ORS. (2008) 8 NWLR (Pt. 1088) pg.182

OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Election Petition Tribunal, Akwa Ibom State, sitting at Uyo, presided over by Hon. Justice Nasir Ajanah, delivered on 16th July 2007.

By a motion on notice dated 25th June, 2007 and filed on 27th June, 2007. Learned counsel to the 2nd - 34th respondents (now appellants) sought sundry reliefs from the lower Tribunal including:

"(a) ..................

(b) ...................

(c) An order striking out the petition in its entirety for being irregular and incompetent."

The ground upon which the appellants rely for striking out the petition for in competency was that the petitioners failed to comply with the mandatory provisions of paragraphs 1(1)(c) and 2 of the Practice Directions 2007 as amended.

In pursuing his line of objection before the lower court, the Learned counsel to the respondent (now appellants) referred to paragraph 7 (xviii) of the petition where the petitioners pleaded unstamped…

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