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CHIEF E.A. LAMAI V. CHIEF M.C.K. ORBIH

(1980) JELR 33938 (SC)

Supreme Court  •  SC.26/1979  •  9 May 1980  •  Nigeria

Coram
MOHAMMED BELLO JSC; CHUKWUNWEIKE IDIGBE JSC; ANDREWS OTUTU OBASEKI JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC; MUHAMMADU LAWAL UWAIS JSC;

Judgement

M. L. UWAIS, J.S.C.(Delivering the Leading Ruling): This is an application by the appellant for an order -

"(i)Granting leave to appeal from the order of the Honourable Justices J. Omo-Eboh; and Nnaemeka-Agu, JJCA., (sic) made on 18th day of May, 1978 in Suit No. FCA/B/20/77.

(ii)That the Defendant/Appellant/Applicant herein be at liberty to appeal against the said order of the Honourable Mr. Justices J. Omo-Eboh and P. Nnaemeka-Agu JJCA (sic) made on 18th May, 1978, in the said Suit No. FCA/B/20/77 notwithstanding that the time for appealing has expired."

The respondent had obtained judgment against the appellant in an election petition filed in the Bendel State High Court at Auchi. The election of the appellant into a Local Government Council in 1976 was declared invalid by the High Court on two grounds namely that he failed to comply with certain provisions of the Bendel State Local Government Electoral Regulations, 1976 and that he was guilty of corrupt practices. The appellant be…

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