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RT. HON. CHIBUIKE ROTIMI AMAECHI V. INDEPENDENT NATIONAL ELECTORAL COMMISSION

(2007) JELR 16304 (SC)

Supreme Court  •  SC.74/2007(-R)  •  11 May 2007  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; IKECHI FRANCIS OGBUAGU JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MOHAMMAD JSC; PIUS OLAYIWOLA ADEREMI JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC;

Judgement

A. I. KATSINA-ALU, JSC (Delivering the Leading Judgment): Having heard all the arguments of learned counsel on all sides, I hold that the Court of Appeal was in error in declining jurisdiction to hear the appeal and the cross-appeal on the merit. It is now ordered that the matter be remitted to the Court of Appeal, Abuja to hear the two appeals expeditiously.

M. MOHAMMED, JSC: Having heard the arguments of counsel, I agree that the Court of Appeal was in error in holding that it had no jurisdiction to hear the appeals and the cross-appeals in this matter. Accordingly, the appeal is allowed and the matter is remitted to the Court of Appeal, Abuja, for expeditious hearing and determination on the merit.

I. F. OGBUAGU, JSC: Court: The judgment of the court as read out by the Presiding Justice - Katsina-Alu, JSC is agreed to by me. No order as to costs.

F. F. TABAI, JSC: Appeal allowed. The Court of Appeal erred in law when it declined jurisdiction to hear and determine the appeals pending t…

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