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ONYIRIMBA & ANOR
V.
INEC & ORS

(2019) JELR 110781 (CA)

Court of Appeal 4 Sep 2019 Nigeria
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Case Details

Suit Number:CA/OW/EPT/SEN/29/2019
Judges:Mojeed Adekunle Owoade Haruna Simon Tsammani Fatima Omoro Akinbami Misitura Omodere Bolaji-Yusuff Abdullahi Mahmud Bayero
Counsel:Chief H. N Duruoha (with the brief of K. C Nwufo, SAN) with him, E. R Iremeka Esq. and Peace Enabulele (Mrs.) For the Appellant Uche Wisdom Durueke with him, W. A Olajide, Esq., Emeka Orafu Esq., N.O Chukwuezi, Sandra Obed and N.B Okafor for the 2nd Respondent. Chief Okey Ehieze with Emma Nwosu, Esq., A.G Duru-Osege, C.J Ahunibe and B.O Ugwu for the 3rd Respondent. No appearance for the 1st Respondent but they were served with hearing notice on 29/8/2019.

ABDULLAHI MAHMUD BAYERO, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Ruling of the Election Petition Tribunal sitting in Owerri delivered on 23rd May, 2019 in Petition No. EPT/NASS/SEN/IM/37/2019. When the Petition came up for hearing on 23/07/2019 before the Tribunal, the Petitioners were represented in Court by Counsel who applied for adjournment to call their witness (the 1st Appellant) who was not in the Country then. The 2nd and 3rd Respondents opposed the application. The Tribunal in its ruling refused the application and dismissed the petition Pursuant to Paragraph 46(3) of the 1st Schedule to the Electoral Act, 2010 (as amended).


Dissatisfied, the Appellants filed their Notice of Appeal on 29th July, 2019. The Record of Appeal was transmitted on 2nd August, 2019. The Appellants Brief was filed on 5th August, 2019. The 2nd Respondent’s Brief was filed on 9th August, 2019. The 3rd Respondent’s Brief was filed on 9th August, 2019. Appellants reply brief…

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