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OMINI IKPI EWA & ANOR v. HON. BASSEY EWA & ORS

(2010) JELR 42146 (CA)

Court of Appeal  •  CA/C/NAEA/126/2009  •  13 Jul 2010  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JA'AFARU MIKAILU JCA; NWALE S. NGWUTA JCA;

Judgement

KUMAI BAYANG AKAAHS J.C.A. (DELIVERING THE LEADING JUDGMENT): The main appeal deals with the striking out of the petition. There are two interlocutory appeals. The 1st interlocutory appeal is numbered CA/C/NAEA/126/09A and is concerned with the refusal of the Tribunal to admit the Reply of the 1st and 6th Respondents dated 30m July, 2007 while the second interlocutory appeal: No. CA/C/NAEA/126/09B is centred on the refusal by the Tribunal to strike out the Replies of the Respondents to the Petition.

The 1st Appellant was the candidate for the Peoples Progressive Alliance (PPA) and he contested the election held on 28th April 2007 for the Abi/Yakurr Federal Constituency Seat of the House of Representatives while the 2nd Appellant was sponsored by the Action Congress (AC) for the same seat. The 1st Respondent who was the candidate of the Peoples Democratic Party (PDP) won and was declared winner of the said election. The appellants were not satisfied with the outcome of the election and…

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