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HON. AGBOOLA ALFRED AJAYI v. OLOYE RAPHAEL NOMIYE & ORS.

(2011) JELR 34659 (CA)

Court of Appeal  •  CA/AK/EPT/NAE/HR/04/2011  •  13 Oct 2011  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; CHINWE EUGENI AIYIZOBA JCA; MOORE A. A. ADUMEIN JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the National and State House of Assembly Election Tribunal Akure Ondo State in Petition No.EPT/ODS/HR/03/2011 delivered on the 1st day of August, 2011 in which the Tribunal dismissed the application of the appellants for extension of time within which to apply for the issuance of pre-hearing notice and also dismissed the petition as abandoned for failure to apply for issuance of pre-hearing notice as required by law.

We heard the appeal on the 19th day of September 2011. We delivered judgment that same day dismissing the appeal and indicated that reasons will be given later. We now give the reasons.

The appellant herein was the candidate of Peoples Democratic Party (PDP) at the House of Representatives election held in Ondo State on 9/4/11 for Ilaje/Ese Odo Federal Constituency. The 1st respondent who contested the election under the platform of the 2nd respondent, Labour Party (LP) …

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