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HON. EHIOZE EGHAREVBA v. HON. CROSBY OSADOLOR ERIBO & ORS.

(2010) JELR 33266 (SC)

Supreme Court  •  SC.132/2009  •  5 Mar 2010  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC GEORGE ADESOLA OGUNTADE JSC FRANCIS FEDODE TABAI JSC IBRAHIM TANKO MUHAMMAD JSC OLUFUNLOLA OYELOLA ADEKEYE JSC

Judgement

O. O. ADEKEYE, J.S.C.: (Delivering the Leading Judgment): This appeal emanated from the decision on the 20th of April, 2009. By that decision, the Court of Appeal set aside the judgment of the High Court of Justice Edo State, Benin Judicial Division and allowed the appeal of the 1st Respondent in this appeal. The appellant before this court obtained the leave of the High Court which was granted on the 22nd of September, 2008 to file an originating motion on notice on the 3rd of October, 2008 to ask the court for the following reliefs:-

a) An order of certiorari to remove into the High Court of Edo State for the purpose of being quashed, the proceedings and judgment of the Edo State Local Government Council Election Tribunal delivered on 16th April, 2008 in Petition No. EIGEP/02/08 - Hon Crosby Osadalor Eribo v. Hon. Ehoze Egharevba and others.

b) An order of certiorari to remove into the High Court of Edo State for the purpose of being quashed the proceedings and judgment of the Edo S…

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