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RT. HON. ABDULLAHI BELLO & ANOR V. HON. YUSUF AHMED TIJJANI DAMISA & ORS

(2016) JELR 47238 (SC)

Supreme Court  •  SC.168/2016  •  9 Dec 2016  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; CHIMA CENTUS NWEZE JSC; AMIRU SANUSI JSC;

Judgement

AMIRU SANUSI, J.S.C. (Delivering the Leading Judgment): This appeal is against the Ruling of the Court of Appeal, Abuja Division (the lower Court), delivered on 11th February, 2016 in which by the said ruling, the lower Court declined jurisdiction to entertain and determine a Motion on Notice filed before it, urging it to set aside its own judgment which it delivered earlier in appeal no: CA/A/EPT/648/2015 which according to the learned appellant's senior counsel was delivered without jurisdiction. The facts of the case which gave rise to this appeal are simply put as follows: The first and 2nd respondents filed an election petition No. EPT/KG/NASS/HR/06/2015 before the Kogi State National and State Assemblies Election Petition Tribunal (hereafter referred to as "the Tribunal") in which they challenged the declaration and return of the 1st Appellant as winner of the House of Representatives election as member representing Okene/Ogori-Magogo Federal Constituency of Kogi State. The firs…

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