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ORJI
V.
OHUABUNWA

(2004) JELR 56819 (CA)

Court of Appeal 27 Jan 2004 Nigeria
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- This case involves an appeal against the ruling of the National Assembly/Governorship and Legislative House Election Petition Tribunal. - The appellant was one of three petitioners seeking to nullify the return of the 1st respondent. - Th

Case Details

Suit Number:CA/PH/EPT/159/2003
Judges:MICHAEL EYARUOMA AKPIROROH, JCA (Presided) ABOYI JOHN IKONGBEH, JCA (Read the Lead Judgment) DAVID ADEDOYIN ADENIJI, JCA
Counsel:Dr. D. O. Babalakin, SAN (with him, O. Akoni, Esq., O. Obayomi, Esq. and A. Oguntoye, Esq.) - for the Appellant. -*- M. O. Onyeka, Esq. (with him, Mrs. B. O. Tedeye) - for the 1st Respondent. -*- E. Duruiheoma, Esq. (with him, C. E. Udumaga, Esq.) - for the -*- Respondents.

IKONGBEH, JCA (Delivering the Lead Judgment): This appeal has arisen out of the ruling of the National Assembly/Governorship and Legislative House Election Petition Tribunal, sitting in Umuahia. The appellant was one of three petitioners whose three petitions were consolidated for hearing. The three petitioners had sought to have the return of the 1st respondent herein nullified. The respondents moved the Tribunal to strike out each of the three petitions on the ground, inter alia , that necessary parties had not been joined, thereby rendering the petitions incompetent. The Tribunal acceded to their request and struck out the three petitions.

This appeal is by the petitioner in the third petition. i.e. No. EPT/ NA/AB/08/03. In striking out this petition the Tribunal observed and held at pp. 96 - 99: “In petition No. EPT/NA/AB/08/2003 respondents No. 20 -26 are the only presiding officers joined as respondents in the petition whereas a careful look at paragraph 6(i), (v), (vii), (ix…

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