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OMEHIA & ANOR
V.
AMAECHI & ORS.

(2011) JELR 45880 (CA)

Court of Appeal 22 Sep 2011 Nigeria
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- The appellants challenged the dismissal of their election petition by the Governorship Election Petition Tribunal, Port Harcourt, which held that an application for a pre-hearing notice made by letter (rather than motion) was incompetent

Case Details

Suit Number:CA/PH/EPT/9/2011
Judges:MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Counsel:J. C. Ezike with Chief S. Elekina, D. Demna, C. O. Ejezie, K. S. Elenwo and M. I. Okonu For Appellant A. O. Dave with O. A. Diyan and D. Atogbo for the 1st and 2nd Respondents. Ighodalo Imadegbelo SAN with N. O. O. Oke SAN and U. Egbon for the 3rd Respondent.E. C. Ukala SAN with Dike Udenna, N. F. Odihiri Gaffar for the 4th Respondent. For Respondent

T. O. AWOTOYE, JCA (Delivering the Leading Judgment): This is the judgment in respect of the appeal from the Ruling of the Governorship Election Petition Tribunal Holden at Port Harcourt decided on 27/7/2011.

The petitioners at the lower Tribunal after the receipt of the replies of the Respondents had by a letter dated 24/6/201l applied for the issuance of the Pre-hearing Notice. The tribunal acted on the said application and ordered the issuance of the pre-hearing notice accompanied by the pre-hearing information sheet.

The 1st and 2nd respondents on receipt of the pre-hearing Notice filed a motion challenging the manner the application for pre-hearing notice was brought insisting that an application in the form of a letter was incompetent because paragraph 47(2) of the 1st schedule made it mandatory that all application be brought by "Motion".

The 3rd and 4th Respondents made similar applications.

In its ruling the Tribunal relying on Riruwai v. Shekarau (2008) 12 NWLR (Pt. 1100) pa…

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