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RTD. CAPT. AHMED HALADU BICHI & ANOR. V. ALH. IBRAHIM MUAZZAM & ORS.

(2010) JELR 47837 (CA)

Court of Appeal  •  CA/K/EP/NA/32/07  •  11 Feb 2010  •  Nigeria

Coram
MOHAMMED L. GARBA JCA; JOHN INYANG OKORO JCA; THERESA N. ORJI - ABADUA JCA;

Judgement

MOHAMMED LAWAI GARBA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal arising from a ruling delivered on the 24/8/07 in the course of the trial of the Appellants' petition before the National Assembly Election Tribunal sitting at Kano (herein after to be called the Lower tribunal). The Appellants had sought an amendment of their petition vide a motion filed on 13/7/07 in the terms set out on the face of their motion paper. In its said ruling, the Lower/tribunal granted the amendment in part and the Appellants were dissatisfied with the refusal of the other part of the amendments and so filed this appeal against same. Meanwhile before a determination of the appeal, the Lower/tribunal proceeded with the trial of the petition and delivered its judgment therein on the 15/1/08 in favour of the appellants. As to be expected, the Respondents herein and in the Lower/tribunal, were dissatisfied with decision contained in the judgment and so filed Notices of Appeal aga…

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