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HON. OKOTO FOSTER BRUCE v. EBIKEME FRANK ERE & ORS

(2003) JELR 44946 (CA)

Court of Appeal  •  CA/PH/EPT/143/2003  •  9 Oct 2003  •  Nigeria

Coram
MICHAEL EYARUOMA AKPIROROH JCA; ABOYI JOHN IKONGBEH JCA; DAVID ADEDOYIN ADENIJI JCA;

Judgement

ABOYI JOHN IKONGBEH, J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of the National Assembly/ Governorship and Legislative Houses Election Petition Tribunal, sitting at Yenagoa. The appeal is by the petitioner before the tribunal and originally related to two rulings of the tribunal. The first ruling was on the petitioner's objection to the appearance by the Bayelsa State Attorney-General for I.N.E.C. and its official, which objection the Tribunal overruled. When at the hearing of the appeal we drew the attention of the appellant's counsel to the portion of the record which showed that INEC debriefed the Attorney-General immediately after this ruling and that another counsel took over, counsel abandoned the aspect of the appeal relating to that ruling. Therefore the appeal as argued relates only to the second ruling wherein the tribunal struck out the appellant's petition, on the objection by the respondents on the ground that it did not comply with the …

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