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HON. EKERE AFIA & ANOR v. HON. EMMANUEL E. EKPENYONG & ORS

(2012) JELR 39520 (CA)

Court of Appeal  •  CA/C/NAEA/272/2011  •  22 May 2012  •  Nigeria

Coram
MUHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Lead Ruling): The Appellants filed a Motion on Notice on 6th January, 2012 under Section 295 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), And order 7 Rule 1 of the Court of Appeal Rules, 2011 for the following:

"An order of court referring the question as to the interpretation and application of Sections 246 (1) (b) (1) and 285 (7) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) for the opinion of the Supreme Court and particularly to state a case to the Supreme Court on:

(a) whether by the provisions of Section 246 (i) (b) (1) of the Constitution of the Federal Republic of Nigeria, an appellant requires extension of time to file an appeal against the interlocutory decisions of the National Assembly Election Tribunal.

(b) The real intention of the Constitutional provisions in Section 285 (7) of the Constitution of the Federal Republic of Nigeria, 1999.

(c) Whether interventions of…

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