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INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS. V. JAMES INIAMA & ORS.

(2007) JELR 33845 (CA)

Court of Appeal  •  CA/C/128/2007  •  21 Nov 2007  •  Nigeria

Coram
VICTOR AIMEPOMO O. OMAGE JCA; NWALI SYLVESTER NGWUTA JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Election Petition Tribunal, Akwa Ibom State, sitting at Uyo, presided over by Hon. Justice Nasir Ajanah, delivered on 16th July 2007.

By a motion on notice dated 25th June, 2007 and filed on 27th June, 2007. Learned counsel to the 2nd - 34th respondents (now appellants) sought sundry reliefs from the lower Tribunal including:

"(a) ..................

(b) ...................

(c) An order striking out the petition in its entirety for being irregular and incompetent."

The ground upon which the appellants rely for striking out the petition for in competency was that the petitioners failed to comply with the mandatory provisions of paragraphs 1(1)(c) and 2 of the Practice Directions 2007 as amended.

In pursuing his line of objection before the lower court, the Learned counsel to the respondent (now appellants) referred to paragraph 7 (xviii) of the petition where the petitioners pleaded unstamped…

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