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HON. DIMEJI MUSE AWOJOBI AFRICAN LIBERATION PARTY V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) HAKEEM ABIODUN MUNIRU ACTION CONGRESS OF NIGERIA

(2011) JELR 53288 (CA)

Court of Appeal  •  CA/L/EPT/006/2011  •  12 Dec 2011  •  Nigeria

Coram
SIDI DAUDA BAGE JCA RITA NOSAKHARE PEMU JCA

Judgement

SAULAWA JCA (Delivering the Lead Judgment): The present appeal A is against the ruling of the National Assembly/Legislative House Election Petition Tribunal, holden at Lagos on 30 September 2011 in petition No. NA/LEGH/EPT/L/3/2011. By the said ruling, the lower tribunal dismissed the appellants’ petition for being incompetent, on the grounds that the scores of the candidates at the election were not stated in the petition, and that the appellants had failed to apply for issuance of a pre-hearing notice within the statutorily stipulated time limit.

Facts and circumstances leading to the appeal The facts and circumstances giving rise to the appeal are discernible from the record of appeal, transmitted to this court on 28 October 2011. By virtue of the appellants’ pleadings averred in the petition thereof, contained at pages 1 - 37 of the records, an election was held by the 1st respondent on 9 April 2011 for Oshodi/Isolo 02 Federal Constituency, Lagos State. A total of thirteen cand…

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