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PETER ONYEKEWEN IKEM & ANOR v. PATRICK AISOWIEREN & ORS.

(2008) JELR 47563 (CA)

Court of Appeal  •  CA/B/EPT/251/2007  •  21 Jul 2008  •  Nigeria

Coram
SAKE ADEYEMI IBIYEYE JCA; OFR JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

SAKA ADEYEMI IBIYEYE, OFR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the majority ruling of the National Assembly, Governorship and State House of Assembly Election Petition Tribunal-sitting-in-Benin City, delivered on the 14th day of August 2007 in respect of the election into Orhiomwon East Constituency of Edo State House of Assembly wherein the Tribunal struck out the petitioners' application for extension of time for the issuance of pre- hearing notice.

Brief antecedents of the ruling in point are that the 1st appellant was a candidate sponsored by the 2nd appellant to contest a seat into the Orhionmwon East Constituency of Edo State House of Assembly. The 2nd respondent also sponsored the 1st respondent to contest for the same seat at an election which took place on the 14th day of April, 2007.

At the close of the election the 3rd to the 5th respondents returned the 1st respondent as the candidate who won the election. The 1st and 2nd appellants were ag…

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