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OSEKE & ANOR
V.
INEC & ANOR

(2011) JELR 48530 (CA)

Court of Appeal 25 Oct 2011 Nigeria
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Case Details

Suit Number:CA/PH/EPT/25/2011
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:DR. Anthony Okorodas For Appellant Preye Agedah with I.M. Max Alagoa, I. Onovo and Alfred Eto for the 2nd and 3rd Respondent.C.I. Oha and M. Fubara for the 1st Respondent. For Respondent

TUNDE OYEBANJI AWOTOYE, J.C.A (Delivering the Leading Judgment): On 12/10/2011, we gave a decision dismissing this appeal, after hearing the parties: I now give reasons for doing so.

This is an appeal against the decision of the National and state Houses of Assembly Election Tribunal sitting at Yenagoa Bayelsa state delivered on 16/8/2011 on the ground that the petitioners abandoned the petition under paragraph 18 of the First Schedule to the Electoral Act 2010.

Being aggrieved with the said decision, the petitioner filed notice of appeal containing 2 grounds of appeal.

After transmission of record of appeal learned counsel on either sides filed and exchanged briefs of argument which they later adopted in the course of the appeal. Each of the parties formulated issues for determination by this court.

The sole issue common to all the parties which encompasses the two Grounds of Appeal of the appellant is:-

"Whether the learned chairman and members of the Election Tribunal were right i…

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