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NZEWI & ANOR.
V.
OKEKE & ORS.

(2008) JELR 46913 (CA)

Court of Appeal 10 Jul 2008 Nigeria
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Suit Number:CA/E/EPT/13/2008
Judges:VICTOR AIMEPOMO O. OMAGE Justice of The Court of Appeal of Nigeria MOHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria
Counsel:PETER EZE For Appellant ARTHUR OBI OKAFOR, EsqF.I. ANIUKWU, Esq. MARTINS OKEKE, Esq. For Respondent

VICTOR AIMEPOMO O. OMAGE, J.C.A. (Delivering the Leading Judgment): In this appeal, the petitioner who participated in the general election which took place throughout the country on 14th April, 2007 filed his petitions on 25th May, 2008. On 20th August, 2007, 1st respondent sought an order before the tribunal to strike out the petition of the Petitioner because the petition was not supported by the petitioners written statements on oath.

The motion went before the tribunal which considered the written statements of the Petitioner, and came to the conclusion that the petition failed to comply with the provisions of the Practice direction of 2007, which requires that all the petitions to be presented before the tribunal or court to be accompanied by (a) a list of all the witnesses that the petitioner intends to call in proof of the petition (b) written statements on oath of the witnesses (c) copies or list of every document to be relied on at the hearing of the petition.

A petition whi…

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