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MBINA & ANOR
V.
INEC & ORS

(2017) JELR 37582 (CA)

Court of Appeal 24 Aug 2017 Nigeria
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- The Court of Appeal affirmed the dismissal of the election petition, holding that the Tribunal lacked jurisdiction to determine pre-election and constitutional matters, including enforcement of Federal High Court orders. - The appellants

Case Details

Suit Number:CA/A/EPT/493/2017
Judges:ADAMU JAURO JCA HABEEB ADEWALE OLUMUYIWA ABIRU JCA MOHAMMED MUSTAPHA JCA
Counsel:D.C. Denwigwe, SAN with him, O.J. Oheko, Esq., J.O. Asilika, Esq., D. Udenna, Esq., C. Nzeako, Esq. and R. Nwoka, Esq. For the Appellant. F. Okoye, Esq. with him, M.K. Abdullahi, Esq., Usman Yakubu, Esq. and N.E. Nwonye, for the 1st Respondent. H.O. Afolabi, SAN with him, O.Dare, I. Egwuasi, L.A. Adedigba, O. Popoola, Esq., B.A. Oyun Esq., R. Isamutu, Esq., A. Umoru, T. Ojo, K.U. Agama and R.G. Igwe (Miss), for the 2nd Respondent. R. Otaru, SAN with him, O.E. Alafe, Esq. for the 3rd Respondent.

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the National and State Houses of Assembly Election Petition Tribunal for Rivers State, sitting in Abuja delivered on the 27th of June 2017, Coram Hon. Justice Goddy I. Anunihu, Hon. Justice Mukhtari Yushau and Hon. Justice Rose G. Soji; dismissing the petition for lack of merit.

Dissatisfied with the said decision the petitioners/appellants filed two separate notices of appeal on the 6th of July 2017 and 13th of July 2017 respectively. The first notice of appeal filed on the 6th of July 2017 was abandoned, thus relying on the notice filed on the 13th of July 2017 containing eleven grounds of appeal.

The 1st petitioner/appellant was the candidate of the 2nd appellant, and contested the election into the membership of the House OF Representatives for the Eleme/Tai/Oyigbo Federal Constituency conducted by the 1st respondent on the 11th of April 2015, which was nullified by this Court on the 11th December…

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