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EBI MATTHEW SUNNY GOLI & ORS V. HON. NELSON BELIEF & ORS

(2008) JELR 47576 (CA)

Court of Appeal  •  CA/PH/EPT/393/2007  •  8 Feb 2008  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; MOHAMMED LAWAL GARBA JCA; TIJJANI ABDULLAHI JCA;

Judgement

TIJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal from the ruling of the National Assembly/Governorship Legislative Houses Election Tribunal hereinafter referred as the lower Tribunal sitting at Yenagoa delivered on the 23rd of July 2007 wherein the petition of the Appellant was dismissed for non-compliance with the provisions of Section 144 (1) of the Electoral Act, 2006.

It is pertinent to state from the onset that after the declaration of the results of the election in which the 1st Respondent was returned as the winner of the election with 187, 760,06 as against the Respondents who scored 6,593, 435, 657 and 634 votes respectively, the Appellants who were the Petitioners jointly filed a single petition together with their political parties challenging the return of the Appellant.

On the 12th of July, 2007, 2nd to the 5th Respondents filed a Notice of Preliminary Objection as follows:

"TAKE NOTICE THAT at the hearing of this petition.

The 2nd to 5th Res…

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