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PRINCE EBITIMI AMGBARE & ANOR v. CHIEF TIMIPPRE SYLVA & ORS.

(2007) JELR 44218 (CA)

Court of Appeal  •  CA/PH/EPT/261/2007  •  13 Jul 2007  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; MOHAMMED LAWAL GARBA JCA; BODE RHODES-VIVOUR JCA;

Judgement

SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the GOVERNORSHIP AND LEGISLATIVE HOUSES ELECTIONS TRIBUNAL sitting at YENAGOA, BAYELSA STATE, delivered on 14/6/2007 granting the 2nd to 7th Respondents enlargement of time to file a reply and refusing an application to bar them from defending the Appellant's Petition.

The facts leading to this appeal are hereby briefly stated. On 12/5/2007 the Petitioners now the Appellants dissatisfied with the return of the 1st respondent by the 2nd Respondent (INEC) filed their petition which was served on the 2nd - 7th Respondents on 14/5/2001. On 8/6/2007 the Petitioners forwarded an application requesting the issuance of pre-hearing Notice and accordingly the Tribunal issued the said hearing Notice and fixed 14/6/2001. When the 2nd - 7th Respondents had not entered appearance and/or filed a reply as prescribed by law, against the petition served on them on 14/5/2007, based upon this the petitio…

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