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HON. JOEL OKECHUKWU OKEKE & ANOR v. MR. ROMANUS OBI & ORS.

(2012) JELR 35179 (CA)

Court of Appeal  •  CA/E/EPT/61/2011  •  24 Feb 2012  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; ALI ABUBAKAR BABANDI GUMEL JCA; IGNATIUS IGWE AGUBE JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading the Judgment): This appeal was decided and judgment pronounced on 6/1/12 with reasons reserved. I now give my reasons.

This is an appeal against the ruling of the Tribunal delivered on 11/11/2011 wherein the Tribunal struck out the petitioners'/Appellants petition on the basis that it had less than 24 hours to conclude hearing of the petition wherein the Respondents had yet to lead evidence, addresses yet to be filed and adopted and judgment to be given.

The Appellants appealed against the ruling of the trial Tribunal as aforesaid and challenged the whole decision. The Appellants filed 4 grounds of appeal and distilled three issues therefrom in their brief filed on 14/12/11. They are set out below

1. Whether the trial Tribunal was right in striking out the petition peremptorily not minding the fact that there were almost two days left before the expiration of the 180 days (Ground 1)

2. Whether the electoral act empowers the tr…

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