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MELAYE & ANOR
V.
TAJUDEEN & ORS

(2011) JELR 33526 (CA)

Court of Appeal 9 Sep 2011 Nigeria
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Suit Number:CA/A/EPT/419/11
Judges:ZAINAB ADAMU BULKACHUWA (OFR) Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria
Counsel:MR. P. I. N. IKWUETO S.A.N with him are C. I. MBAERI, I. BOZIMO, P. O. NWANKWO and MISS NNEKA NWATALARI for the 1st & 2nd Appellants. For Appellant CHIEF EMEKA NGIGE S.A.N with him are K. OLOWOOKERE,S. OGUNLEYE, F. FEMI, O. OLORUNSOLA for the 1st Respondent/Cross Appellant. CHIEF A. O. AJANA with him are MAFO, OLA JOHN, O. AKUYIBO and S. G. IKUESAN for the 2nd Respondent/Cross Appellant.3rd & 4th Respondents duly served but not represented. For Respondent

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of National Assembly Election Petition Tribunal holden at Lokoja, Kogi State, delivered on 15th July, 2011 wherein upon the preliminary objections filed on behalf of the 1st and 2nd Respondents, the Tribunal struck out the Appellants' Petition for being incompetent.

The ground relied upon by the Tribunal for striking out the Petition was that the Petition was neither signed by the Petitioners nor their Solicitor named at the foot of the Petition but by an unnamed and unidentifiable person who is unknown to law.

The main issue in this Appeal has been narrowed down to whether the Election Tribunal correctly interpreted the Provision of Paragraph 4(3)(b) of the First Schedule to the Electoral Act 2010 as Amended.

It was submitted on behalf of the Appellants that the use of the word "shall" in an enactment such as Paragraph 4(3)(b) of the First Schedule to the Electoral Act 2010 (as Amended…

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