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LABOUR PARTY V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS.

(2011) JELR 48517 (CA)

Court of Appeal  •  CA/L/EPT/004/2011  •  1 Nov 2011  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; RITA NOSAKHARE PEMU JCA; MOHAMMED AMBI-USI DANJUMA JCA;

Appearances
Chief Chukwuma Eicomaru SAN with him is R. A. Olaiya For Appellant Benjamin Omoruyi - for the 1st Respondent.Prof Yemi Osibajo SAN with him are: Bode Olanipekun, Mr. Ayo Adesanmi, Mr. I. O. Muftau, Mr. Muyinwa Ogunkolade, Mr. Olamide Olopade, Mr. Bimbo Ojenike, Miss Olawunmi Adeeko and Miss OluwakemiWilliams. - for the 2nd & 3rd Respondents For Respondent

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the ruling of the National Assembly and State Assembly Election Petition Tribunal sitting at Lagos (Coram Honourable Justice Maurice Eneji (Chairman), Honourable Justice Ahman Abbas (member), Honourable Justice Musa Bazzar (member) delivered on 5th September, 2011 dismissing the appellants petition for the reason that the petitioner/appellant used a letter to apply for the issuance of pre-hearing notice instead of a motion on notice.

This case was set for hearing as pre-hearing session had been concluded, when on 8th July 2011 the 2nd and 3rd respondents filed a motion to set aside the pre-hearing notice issued in this petition for being incompetent and further to dismiss this petition. The letter dated 18th May 2011 formed the basis for the application for the issuance of the pre-hearing notice by the appellant. See page 247 of them.

On 5th September 2011, the Trial Tribunal dismissed this …

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