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MR. CHINEDU NGWU V. MR. JOSEPH U. ONOH RETURNING OF FICER, ENUGU NORTH LOCAL GOVERNMENT ELECTO RAL OFF ICER, ENUGU NORTH LOCAL GOVERNMENT INDEPENDENT NATIONAL ELECTO RAL COMMISSION RESIDENT ELECTORAL COMMISSIONER, ENUGU STATE

(2004) JELR 55416 (CA)

Court of Appeal  •  CA/E/EPT/36/2003  •  4 Apr 2004  •  Nigeria

Coram
ISA AYO SALAMI JCA (Presided) SAKA ADEYEMI IBIYEYE JCA VICTOR AIMEPOMO O. OMAGE JCA (Read the Lead Judgment) MOHAMMED DATTIJO MUHAMMAD JCA AMIRU SANUSI JCA

Judgement

OMAGE JCA (Delivering the Lead Judgment): The Governorship and Legislative House Election Tribunal sitting at Enugu delivered on 10th November, 2003, a ruling on the application of the appellant herein, to relist the petition of the appellant. Here is the ruling: “This is a motion on notice seeking to relist the petition which was struck out on 15/10/03. The applicant filed a 7 paragraph affidavit in support of the motion. The respondents filed an 8 paragraph counter-affidavit. Both sides made oral submissions in furtherance of their affidavits. The matter was struck out for non-appearance of petitioner or his counsel and not on technical point. We have read paragraph 7 of the counter- affidavit which the petitioner/applicant failed to deny it. The effect of paragraph 7 of the counter-affidavit is that the respondents will be prejudiced if the application is granted. Accordingly, the application be and is hereby dismissed”. The preamble to the ruling of the court occurred on 15th Oc…

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