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ZERIBE EZEANUNA & ANOR V. AFAM VICTOR OGENE & ORS

(2012) JELR 35180 (CA)

Court of Appeal  •  CA/E/EPT/72/2011  •  23 Jan 2012  •  Nigeria

Coram
AYOBODE OLUJIMI LOKULO-SODIPE JCA; ADAMU JAURO JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Appearances
B.S. Onuegbu For Appellant G.B. Obi with V.E. Okonkwo (Mrs.) for the 1st and 2nd Respondents.Anugo Offor with Emeka Ibe for the 3rd; and 5th - 7th Respondents. For Respondent

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, JCA (delivering the Leading Judgment): This is an appeal against the ruling delivered on 25/11/2011 by the National and State Houses of Assembly Election Tribunal, Awka, Anambra State, (hereafter simply referred to as "the Tribunal") in petition No. EPT/AN/NAE/HR/67/2011 (hereafter simply referred to as "the Petition"). In the ruling, the Tribunal on 25/11/2011 declined proceeding further with the hearing of all applications that were pending in the Petition (which was filed on 27/5/2011) on the ground that the Petition had lapsed and died since 23/11/2011. Consequently, the Tribunal on the aforesaid 25/11/2011, not only struck out all applications that were pending in the Petition, but also the Petition itself.

The Appellants on 27/5/2011 instituted the Petition which relates to the election held on 26/4/2011 to the House of Representatives of the National Assembly for the Ogbaru Federal Constituency of Anambra State. The 1st Appellant contested the ele…

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