MOHAMMED
V.
ABDULAZIZ

(2008) JELR 51132 (CA)    

Court of Appeal  ·  CA/K/EP/SHA/11/07 ·  19 Jun 2008 ·  Nigeria
CORAM
BABA ALKALI BA’ABA JCA (Presided) JOHN INYANG OKORO JCA
Core Terms Beta
appellants
court
petition
1st respondent
paragraph
appeal
practice directions
learned counsel
preliminary objection
grounds of appeal
court practice directions
instant case
notice of preliminary objection
electoral act
hearing notice form
petitioners’ motion
instant appeal
interlocutory decision of the tribunal
legislative houses election tribunal
petition of the petitioners
reply brief
said election
1st appellant
1st respondent’s second leg
2nd appellant
2nd appellants
6th respondents
candidate of the 2nd respondent
circumstances of the matter
clear days notice of the a objection
contents of its file
copies of such notice
court of appeal rules
date of actual filing
due service of the notice of preliminary objection
first hearing
given circumstances of the instant appeal
issue of service of briefs
learned 1st respondent’s counsel
legal practitioners
light of the enabling laws
notice of appeal
respective contentions of the learned counsel
return of the 1st respondent
ruling of the kano state governorship
said appellants’ motion
stipulated time
thecourse of hearing
way of preliminary objection

OREDOLA JCA (Delivering the Lead Judgment): This appeal by the 1st and 2nd appellants is against the ruling of the Kano State Governorship and Legislative Houses Election Tribunal sitting in Kano, delivered on 2

August 2007, and in which the motion brought by the appellants for issuance of pre-hearing notice form was refused. The tribunal consequently dismissed the petition as abandoned. A The 1st appellant was fielded by the 2nd appellant as its candidate at the election into the Kano State House of Assembly, Bichi Constituency, held on 14April 2007. The 1st respondent was also the candidate of the 2nd respondent at the said election. The 3rd - 6th respondents and others in essence conducted the election and at the end of which the 1st respondent was declared the winner. The appellants herein were dissatisfied with the return of the 1st respondent and they filed their petition dated 12 May 2007. In it, they challenged the said election before the tribunal. (Pages 2 - 137 of the reco…

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