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DR ARTHUR ARGUNCHA NWANKWO & ORS V. ALHAJI UMARU MUSA YAR'ADUA & ORS

(2011) JELR 49204 (CA)

Court of Appeal  •  CA/A/EP/06/2007  •  22 Mar 2011  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; PAUL ADAMU GALINJE JCA; JIMI OLUKAYODE BADA JCA; HUSSEIN MUKHTAR JCA; REGINA OBIAGELI NWODO JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A (Delivering the Leading Ruling): This Ruling is in respect of the motion filed by the 1st, 2nd and 3rd Petitioners/Applicants on 1st day of February 2011 and the objections filed by the 1st and 2nd Respondents and that of 3rd to 41st Respondents in relation to the said motion.

Briefly, the facts of this case are that on the 18th day of May 2007 the Petitioners filed a Petition challenging the validity of the Presidential Election held on the 21st day of April 2007.

The 3rd to 41st Respondents filed a Preliminary Objection challenging the competence of the Petition at the Presidential Election Tribunal in this Court.

The objection was based among others on the fact that it was incompetent for failing to comply with the provisions of paragraphs 4(1) (a), 4(2) and 4(4) of the First Schedule to the Electoral Act 2006.

At the conclusion of hearing of the objection by the Tribunal, the Petition was struck out.

The Petitioners appealed to the Supreme Court. On theā€¦

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