FABIYI JCA (Delivering the Lead Judgment): This judgment is in respect of an appeal cum cross-appeal filed on behalf of the appellant and 1st respondent respectively against the ruling delivered by the National Assembly/Governorship and Legislative Houses Election Petition Tribunal for Adamawa State of Nigeria holden at Yola. The ruling was delivered on 9th June, 2003. The appellant as petitioner filed his petition No. EPT/ADS/GOV/ 01/2003 before the Tribunal challenging the return by the 2nd respondent of the 1st respondent as the elected Governor of Adamawa State following the Governorship Elections of 19th April, 2003. Appellant’s application to amend his petition by adding 44th - 223rd respondents as parties was granted by the Tribunal on 14/5/2003. On 12th May, 2003, the 1st respondent filed its memorandum ofconditional appearance. On 26/5/2003, he filed his reply to the petition as well as a notice of preliminary objection. Requisite memorandum of appearance and reply to the…
MODIBO
V.
HARUNA
(2003) JELR 53080 (CA)
Court of Appeal 8 Oct 2003 Nigeria
BriefBot Summary
- The appeal and cross-appeal arose from a ruling of the Election Petition Tribunal, Adamawa State, which struck out the appellant’s petition challenging the 2003 governorship election for non-joinder of necessary parties. - The key legal i
Case Details
Suit Number:CA/J/138/2003
Judges:SUNDAY AKINOLA AKINTAN JCA (Presided) SIMEON OSUJI EKPE JCA JOHN AFOLABI FABIYI JCA (Read the Lead Judgment) WALTER SAMUEL NKANU ONNOGHEN JCA ABUBAKAR ABDULKADIR JEGA JCA
Counsel:Mr. J. N. Buba (with him, I. B. Odigie, Esq.) - for the Appellant. Mr. R. Tarfa, SAN (with him, Messrs O. Jolaawo and F. Nzarga) - for the 1st Respondent.
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Mr. M. I. N. Duru - for the 2nd, 4th and 6th - 223rd Respondents.
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Mr. K. T. Turaki, SAN (with him, Erokoro, Esq., J. E. Owe, Esq., B.
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Y. Riki (Miss) and A. T. Shehu, Esq.) - for the 5th Respondent.
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