Ratio DecidendiRatio Decidendi


(1999) JELR 43893 (CA)    

Court of Appeal  ·  CA/PH/EP/109/99 ·  5 May 1999 ·  Nigeria
Other Citations
Owuru v. INEC (1999) 10 NWLR (Pt. 622) 201
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria JOHN ABOYI IKONGBEH Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
3rd respondent
election petition
said decree
1st respondent
2nd respondents
grounds of appeal
undue election
purported petition
winner of the election
appellant's petition
brief of argument
following grounds
election tribunal
facts of this case
leading judgment
national assembly
national assembly election tribunal
rivers state
transitional provisions
undue return of any candidate
clear view
decree no.5
firm view
grounds of law
hearing of the petition
high court
holding of election
honourable tribunal
last senatorial election
lawful authority
main question
name of the occupier of the petitioner
names of the candidates
preliminary objection
provisions of section
purported election petition
purview of section
respect of a specific senatorial district
ruling of the national assembly election-tribunal
service of the petition
virtue of the provisions of paragraph

MICHAEL EYARUOMA AKPIROROH, JCA (Delivering the Leading Judgment): This is an appeal from the Ruling of the National Assembly Election-Tribunal sitting at Port Harcourt.

The petitioner filed this petition at the National Assembly Election Tribunal on 18th March, 1999 and the 1st and 2nd Respondents were served with the petition on 30th March, 1999 while the 3rd Respondent was served on 29th March, 1999.

Upon the service of the petition on the 3rd Respondent he filed a memorandum of conditional appearance and indicated therein that he would raise preliminary objection against the hearing of the petition on grounds of law. On 7/4/99 he filed a motion to strike out the petition on the following grounds:-

"1. An ORDER striking out this purposed election petition.

2. AND for such further or other orders as this Honourable Tribunal may deem fit to make in the circumstances.

3. AND FURTHER TAKE NOTICE that the grounds on which this application is made are as follows:-

1. The purported petit…

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