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SENATOR HARUNA ABUBAKAR & ANOR v. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS

(2003) JELR 44942 (CA)

Court of Appeal  •  CA/A/EP/151/2003  •  22 Oct 2003  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND JCA; ZAINAB ADAMU BULKACHUWA JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA; CHRISTOPHER MITCHELL CHUKWUMAH-ENEH JCA; STANLEY SHENKO ALAGOA JCA;

Judgement

VICTOR AIMEPOMO O. OMAGE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment, described as the ruling of the National Assembly/Governorship and Legislative Houses Election Petition Tribunal which held in Nasarawa State.

The tribunal presided over the Governorship election petition in Nasarawa State in the matter between:

(1) Senator Haruna Abubakar

(2) National Democratic Party against (1) The Independent National Electoral Commission and 85 others.

In the ruling; the chairman and four members of the tribunal held as follows:

"We hereby decline jurisdiction to entertain the election petition filed on 20/5/2003. In Nigerian Leather Works Ltd. v. Noss and Umlanff Nigeria Ltd. and Another (1977) NCAR 428 at 431 Uwaifo, JCA, (as he then was) stated as follows: "the proper order to be made where jurisdiction of a court is ousted is to strike out the case."

Again in Oloriode and Ors. v. Oyebi (1984) 1 SCNLR 390; (1984) 5 SC 1 at 32. Obaseki, JSC stated as follows:…

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