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SARAFA O. HASSAN V. INEC & ORS.

(2008) JELR 47021 (CA)

Court of Appeal  •  CA/I/EPT/HA/11/2007  •  10 Jul 2008  •  Nigeria

Coram
ISTIFANUS THOMAS JCA; CHIDI NWAOMA UWA JCA; MODUPE FASANMI JCA;

Judgement

ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): The appeal is against the ruling of the Governorships and Legislative Houses Election Tribunal. Abeokuta Ogun State delivered on 8th day of August, 2007 wherein the tribunal dismissed the petition as having been abandoned pursuant to paragraphs 3(4) of the Election Tribunal and Court Practice Directions 2007. It was on the findings that the petitioner now appellant, had failed to apply for the issuance of Pre-hearing Notice as required in Form TF007 within the specified period. The appellant applied by motion to regularize his position which was filed on 14-07-07 as contained at pages 84-90 of the record. The motion was moved and argued by all counsel by filing and exchanged written addresses. The Tribunal considered all parties arguments, and held at pages 162-182 of the record, that the aforesaid paragraphs 3(4) of the Practice Direction, had prohibited the extension of time to set down the petition for pre-hearing and ther…

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