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CHIEF JOSHUA CHIBI DARIYE V. PEOPLES DEMOCRATIC PARTY & ORS

(2011) JELR 34646 (CA)

Court of Appeal  •  CA/J/EPT/SN/161/2011  •  6 Oct 2011  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; CHIMA CENTUS NWEZE JCA; PHILOMENA MBUA EKPE JCA;

Appearances
S. D. Samchi Esq. with N. E. Jesse For Appellant O. I Olorundare SAN (with S. G. Odey, Leo Ebi and A. Balogun (Miss) For Respondent

Judgement

PHILOMENA M. EKPE, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of the National and state House of Assembly Election petition Tribunal holden at Jos Plateau State, delivered on 8th August, 2011. The decision was delivered in respect of a Notice of Preliminary objection taken before the Tribunal by the Appellant as Applicant. By that Notice of preliminary objection. Dated and filed on the 1st day of August, 2011, the Appellant herein as Applicant sought for an order declining jurisdiction to entertain the petition and to strike out or dismiss same in limine on the following grounds:

1. The Petition is statute barred;

2. The Petition is incompetent as it is not properly constituted

3. The petition is incompetent as the reliefs sought are not grantable

In a considered ruling delivered on the 8th day of August 2011, the Tribunal resolved Issues 1 and 3 formulated for determination in the application against the appellants while issue No.2 was resolved, in…

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