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HON. DINO MELAYE & ANOR V. YUSUF AYO TAJUDEEN & ORS

(2011) JELR 33526 (CA)

Court of Appeal  •  CA/A/EPT/419/11  •  9 Sep 2011  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA (OFR) JCA; JIMI OLUKAYODE BADA JCA; HUSSEIN MUKHTAR JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of National Assembly Election Petition Tribunal holden at Lokoja, Kogi State, delivered on 15th July, 2011 wherein upon the preliminary objections filed on behalf of the 1st and 2nd Respondents, the Tribunal struck out the Appellants' Petition for being incompetent.

The ground relied upon by the Tribunal for striking out the Petition was that the Petition was neither signed by the Petitioners nor their Solicitor named at the foot of the Petition but by an unnamed and unidentifiable person who is unknown to law.

The main issue in this Appeal has been narrowed down to whether the Election Tribunal correctly interpreted the Provision of Paragraph 4(3)(b) of the First Schedule to the Electoral Act 2010 as Amended.

It was submitted on behalf of the Appellants that the use of the word "shall" in an enactment such as Paragraph 4(3)(b) of the First Schedule to the Electoral Act 2010 (as Amended…

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