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MUHAMMADU BUHARI & ORS V. CHIEF OLUSEGUN A. OBASANJO & ORS

(2003) JELR 11446 (CA)

Court of Appeal  •  CA/A/EP/3/2003  •  28 Jul 2003  •  Nigeria

Coram
UMARU ABDULLAHI JCA; GEORGE ADESOLA OGUNTADE JCA; MAHMUD MOHAMMED JCA; SYLVANUS ADIEWERE NSOFOR JCA; FRANCIS FEDODE TABAI JCA;

Judgement

ABDULLAHI, PCA (Delivering the Leading Ruling): Following notices of preliminary objections filed by the 1st, 2nd and 3rd-268th respondents on 19/6/2003 challenging the competence of the petitioners petition, the learned senior counsel to the petitioners on being served with the notices of the objections, reacted by filing on 7-7-2003, a notice of preliminary objection to the respondents' objections in the following terms:

"TAKE NOTICE that the petitioners/respondents' intend to object to the hearing of the notices of preliminary objection filed on behalf of the respondents and shall pray for the striking out of -

1. 1st and 2nd respondents' notice of preliminary objection filed on 19th June, 2003, and

2. 3rd-268th respondents' notice filed on 19th June, 2003.

AND FURTHER TAKE NOTICE that the grounds upon which the objection is based is that the notices of preliminary objection are incompetent in that -

(a) the notices were filed after the two sets of respondents had joined issues wit…

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