OSIGWELEM
V.
INEC & ORS.

(2008) JELR 49477 (CA)    

Court of Appeal  ·  CA/PH/EPT/369/2007 ·  31 Jan 2008 ·  Nigeria
CORAM
SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria
Core Terms Beta
counsel
senior counsel
1st respondent
electoral act
election tribunal
3rd respondent
lower tribunal
open court
learned counsel
civil suit
scores of the parties
constitution of the federal republic of nigeria
political party
20th day of august
appellant fair hearing
case of the appellant
decisions of the court of appeal
learned senior counsel
legal obligation
para e
paragraphs of earlier decrees
submission of the learned counsel
2nd day of october
cases of buhari v yusuf
cases of eriobuna v obiorah
election issue
evidence of any vote of other parties
express provision of the rules
first respondent
following relief
imo state
issue of scores
legislative houses election petition tribunal
mandatory provision of paragraph
notice of preliminary objection
nwangele federal constituency of imo state
objection of the respondents
pdp v
people hold
position of member of the federal house
practice direction no.
primary issue
provisions of the rule
public have right
result of the election
said ruling
senior counsel urge
submissions of counsel
view of the foregoing

TIJANI ABDULLAHI, J.C.A.(Delivering the Leading Judgment): This is an appeal from the Ruling of the Governorship and Legislative Houses Election Petition Tribunal sitting at Owerri, Imo State delivered on the 20th day of August, 2007 wherein the lower Tribunal held that the Appellant's petition was incompetent and dismissed same on that ground. The Lower Tribunal in the said Ruling held thus:

"In view of the foregoing, the objection of the Respondents is sustained and the petition being incompetent is hereby dismissed."

Dissatisfied with the decision stated (supra), the Appellant filed this appeal consisting of four grounds. The grounds shorn of their particulars are as follows:-

GROUND ONE

The Election Tribunal erred in law in striking out the petition.

GROUND TWO

The Election Tribunal erred in law when it held:

'We pleaded facts spelt out above entirely deal with pre-election issue. In PDP v. HARUNA (supra) at p. 612 para E - F it was held that 'Nomination is a primary issue which …

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