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UGBA & ANOR
V.
SUSWAM & ORS

(2011) JELR 45891 (CA)

Court of Appeal 27 Oct 2011 Nigeria
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- The appellants appealed the decision of the Governorship Election Tribunal which struck out certain grounds and paragraphs of their election petition; meanwhile, the substantive petition itself was subsequently dismissed by the Tribunal o

Case Details

Suit Number:CA/MK/EPT/15/2011 (REASONS)
Judges:MOHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria UCHECHUKWU ONYEMENAM Justice of The Court of Appeal of Nigeria
Counsel:2nd APPELLANT REPRESENTED BY COMRADE ABBA YARO, STATE CHAIRMAN ACN BENUE STATES.A. ORKUMA WITHS.A. NGAVANM.I. ATAGHERJ.I. ABAAGUG.A. UGGAHJ.K. MNDAJ.T. AGORC.I. IORNONGOA.I. WOMBOT.S. SHIORS.O. OKPALEI.S. OWURUA.R. TOMBOWUAM.T. ASSOH FOR APPELLANTS For Appellant D.C. DENWIGWE, SAN, WITHDR. A.A. IJOHOR, SAN, LEADINGCHIEF E.K. ASHIEKAAI.A. NOMISHANMUSA TENDES.A. UDAGAAUDU ANUGAT.T. IGBAM.L. IANNA (MISS)N.L IKYAAGBA (MRS)F.T. KUSUGH FOR 1st RespondentCHIEF SOLO AKUMA, SAN, WITH G.E. UKAGBUP.N. JOOJI (MISS)C.T. MUE for 2nd Respondent. For Respondent

REASONS DELIVERED BY UCHECHUKWU ONYEMENAM: The reasons for the judgment I delivered on 18th October, 2011, are herein given.

The grounds upon which the respective respondents raised their preliminary objection are set out hereunder; 1st respondent:

"(a) The Appellants' Notice of Appeal dated 08/09/2011 and filed on 09/09/2011, relied upon in this appeal, was filed more than 14 (fourteen) days after 19/08/2011 when the ruling complained of in this appeal was delivered and no leave was sought or secured;

(b) The Appeal has become academic since the substantive petition had been dismissed for reasons other than reasons complained of in this appeal;

(c) The Appellants' brief contravenes paragraph 14 of the Election Tribunal and Court Practice Direction, 2011 and is therefore incompetent;

(d) Grounds 1 and 6 of the Notice of Appeal are incompetent as they are fresh grounds not taken of the Tribunal and no leave of this Court has been obtained to argue some.

(e) Issues 1 and 4 formulated b…

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