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CHIEF SERGEANT AWUSE v. DR. PETER ODILI & ORS

(2003) JELR 44943 (CA)

Court of Appeal  •  CA/PH/EPT/154/03  •  17 Oct 2003  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; PIUS OLAYIWOLA ADEREMI JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA; ALBERT GBADEBO ODUYEMI JCA; AMIRU SANUSI JCA;

Judgement

RABIU DANLAMI MUHAMMAD, J.C.A. (Delivering the Lead Ruling ): On the 31st day of July, 2003; this Court allowed the appeal of the first respondent herein and ordered that the Election Petition filed by the first respondent Sergeant Awuse be heard on the merit by a differently constituted Election Petition Tribunal. The applicant herein who was the first respondent in the said appeal was aggrieved by this decision. He therefore appealed to the Supreme court. He then filed a motion on notice before this Court asking for the following reliefs:-

"(a) an order for a stay of execution of the judgment delivered in this matter by the Court on 31st July 2003;

(b) an order of injunction restraining the Election Tribunal of Rivers State, Port Harcourt from hearing and determining the petition herein.

(c) An order of injunction restraining the Honourable President of the Court of Appeal from constituting an election panel to hear and determine the petition herein pending the hearing and determin…

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