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BARR. YUSUFU N. AKIRIKWEN AND ANOR. V. PEOPLES’ DEMOCRATIC PARTY (PDP) AND 104 ORS

(2011) JELR 57482 (CA)

Court of Appeal  •  CA/YL/EPT/TR/R/4/2011  •  6 Sep 2011  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA (Presided) JOSEPH SHAGBAOR IKYEGH JCA ITA GEORGE MBABA JCA (Read the Lead Judgment)

Appearances
F. K. Idepefo Esq. with him, S. J. Wugira Esq., C. C. Okeke (Mrs) and B. Simon Esq. for the Appellants; E. A. Aremo Esq. with him, E. A. Nyaro Esq. and Ibrahim Sani Esq. for the 1st Respondent; Offiong E. Offiong SAN, with him, Dr. G. O. A. Ogunyomi, U. M. Bangari Esq. and A. Umar Esq. for the 2nd Respondent; A. J. Akanmode Esq. with him, Yakubu Ahmadu Esq. and Lekan Alao Esq. for the 3rd to 5th Respondent.

Judgement

MBABA JCA (Delivering the Lead Judgment): The appellants were petitioners at the National and State Houses of Assembly Election Tribunal, holden in Jalingo, Taraba State, in petition No. EPT/TR/R/2/2011, whereof the 1st to 105th respondents were also the respondents. At the close of pleadings at the lower tribunal, the petitioners applied to the tribunal on 2 June 2011 for issuance of pre-hearing notice, pursuant to paragraph 18(1) of the 1st schedule to the Electoral Act, 2010, as amended. On being served with the forms TF 007 and TF 008 issued pursuant to the application, the 1st and 3rd to 105th respondents brought two sets of motions to dismiss the petition, contending that the application for pre-hearing notice should have been made by way of motion on notice: They (respondents) prayed for the fol owing: An order of this honourable tribunalgranting the 1st respondent/ applicant leave to move this motion.

An order setting aside/nullifying theapplication for the issuance of pre-he…

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