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CHIEF SERGEANT C. AWUSE v. DR. PETER ODILI

(2005) JELR 17042 (CA)

Court of Appeal  •  CA/PH/EPT/54/2004  •  27 Jan 2005  •  Nigeria

Coram
ISA AYO SALAMI JCA; SAKA ADEYEMI IBIYEYE JCA; PATRICK IBE AMAIZU JCA; CLARA BATA OGUNBIYI JCA; JAFARU MIKA'ILU JCA;

Judgement

SALAMI, JCA (Delivering the Leading Judgment): In this interlocutory appeal, the ruling of the National Assembly/Governorship and Legislative Houses Election Petition Tribunal, sitting in Port Harcourt, Rivers State, delivered on 16th February, 2004, wherein the tribunal granted first respondent enlargement of time within which to file reply to the petition is being contested. Upon service of the petition on the first respondent, he duly entered appearance. Thereafter, he challenged the competence of the petition and therefore, failed or neglected to reply to the petition pending the determination of notice of his intention to rely on a preliminary objection by the Supreme Court, even though there is no right of appeal to that court.

On determination of the appeal to the Supreme Court, the first respondent filed his reply to the petition on 4th December, 2003, as well as an application for extension of time to file the said reply.

The petitioner opposed the application for enlargemen…

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