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ALL NIGERIAN PEOPLES PARTY & ORS. v. THE RESIDENT ELECTORAL COMMISSIONER, AKWA IBOM STATE & ORS.

(2008) JELR 33577 (CA)

Court of Appeal  •  CA/C/NAEA/222/2007  •  18 Feb 2008  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; JIMI OLUKAYODE BADA JCA; ALFRED EYEWUMI AWALA JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA;

Judgement

IBRAHIM M. M. SAULAWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the two separate rulings of the Governorship Election Petition Tribunal, Akwa Ibom State, holden at Uyo delivered on 25/10/07 and 07/11/07, respectively. The first ruling relates to the decision where by the lower tribunal dismissed the appellants' petition, No. EPT/AKS/04/07, on the grounds of "a lack of preparedness" and "un seriousness of counsel to the 2nd and 3rd petitioners." The second ruling on the other hand, relates to the decision whereby the lower tribunal struck out the 2nd and 3rd petitioners' application dated 31/10/07, seeking an order to relist the petition hitherto dismissed by the lower tribunal on the said 25/10/07.

It is trite that on the 14/4/2007, the Independent National Electoral Commission (3rd respondent) had conducted gubernatorial elections in all the 36 States of the Federal Republic of Nigeria. In Akwa Ibom State, in particular, the 2nd and 3rd petitioners conteste…

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