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CHIEF OKEY IKORO V. HON. OSITA IZUNASO & ORS.

(2008) JELR 47006 (CA)

Court of Appeal  •  CA/PH/EPT/488/2007  •  9 Apr 2008  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; TIJJANI ABDULLAHI JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Governorship and Legislative Houses Election Tribunal, Imo state (henceforth) lower Tribunal) in a ruling delivered on the 25th of September, 2007, summarily dismissed the petition filed by the Appellant challenging the return of the 1st Respondent as the winner of the election for the Orlu senatorial seat on the ground that the Appellant did not apply for the issuance of pre-hearing notice within the time provided in paragraph 3(1) of the Practice Directions. This appeal is a result of the dissatisfaction by the Appellant with that ruling and is based on a single ground of error in law as follows:-

'The learned Judges of the Governorship and Legislative Houses Election Petition Tribunal Imo State of Nigeria erred in law when they dismissed this petition."

Fifteen (15) paragraphs of what were called "particulars of error" were set out on the Notice of Appeal from which the learned counsel for the Appellant distilled …

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