MALAM ABUBAKAR ABUBAKAR & ORS. V. SAIDU USMAN NASAMU & ORS.
(2011) JELR 47052 (SC)
Supreme Court
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SC.350/2011
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9 Nov 2011
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Nigeria
Coram
FRANCIS FEDODE TABAI JSC;
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC;
BODE RHODES-VIVOUR JSC;
NWALI SYLVESTER NGWUTA JSC;
MARY UKAEGO PETER-ODILI JSC;
Appearances
Kola Awodein, SAN (with him F. Otaru, SAN; Ben Igbanoi; L. Tolani; S. Karegbo; A. Erhiabor; Chima Okereke; O. Adegboye and S. Sule) For Appellant
Yusuf O. Ali, SAN (with him D. D. Dodo, SAN; Dr. Chief Amaechi Nwaiwu, SAN; Y. C. Maikyau, SAN; Dr. W. Egbewole; W. Agunbiade; B. Sobanjo; K. K. Eleja; A. Mas'ud; S. A. Oke; W. Ismail; A. Akoja; S. O. Babakebe; K. T. Sulyman; (Miss) Z. Onuaguluchi; D. Kwaki; T. E. Akintade (Miss); E. Onah; K. O. Lawal; N. Bon-Nwakanma (Mrs); I. Okechukwu; G. O. Diugwu; V. Uche Obi; N.A. Dangiri; M. M. Jugu; and J. Alobo) for the 1st - 3rd Respondents.Ahmed Raji (with him M. Abu and Adegboyega Adewole) for the 4th Respondent.M. I. Pama for the 5th and 6th Respondents For Respondent
Judgement
F. F. TABAI, J.S.C. (Delivering the Leading Judgment): The originating process in this appeal is the petition filed at the Governorship Election Tribunal Birnin Kebbi. It was dated the 18th May, 2011. The petitioners were the appellants at the court below and are the 1st, 2nd and 3rd Respondents herein. Sequel to this petition a number of other processes were filed and exchanged by the parties.
The petitioners addressed a letter to the Honourable Tribunal. It is dated 14th June, 2011. Its heading "APPLICATION FOR THE ISSUANCE OF PRE-HEARING NOTICE" The said letter states:-
"Pleadings have been concluded as the Tribunal has served all the respondents with copies of the petition and the 1st-6th respondents have served us with their replies to the petition. We have equally filed and served our petitioners replies to the respective replies.
Accordingly, we are humbly applying for the issuance of pre-hearing notice pursuant to paragraph 18 (1) and (2) of the First Schedule to the Electora…