FABIAN EKPENYONG V. ACTION CONGRESS OF NIGERIA EDWIN S. JOSEPH RESIDENT ELECTORAL COMMISSIONER AKWA IBOM STATE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

GARBA JCA (Delivering the Lead Ruling): The 2nd respondent in this appeal had filed this motion on 2 April 2012, seeking the following reliefs: Striking out the appellant’s brief of argument dated 25 October 2011 and filed on same date for being incompetent.

Striking out the appeal as it is incompetent.

For any order or further order(s) as this honourable court may deem fit to make in the circumstances.

The grounds upon which the above reliefs were predicated are that:

(1) “The appellants’ brief of argument was filed based on incomplete record of appeal.

(2) The appellant’s brief of argument concealed the fact that the 2nd respondent had obtained the leave of the trial court to enter a conditional appearance and did raise the issue of jurisdiction before the trial court by notice of preliminary objection (see page 174 - 175 of the record).

The appellant’s reply brief dated 8 December 2011 and filed on same date is predicated on an incompetent brief of argument.

This honourable court lacks …