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DR. EMMANUEL ONWE v. SENATOR JULIUS ALI UCHA & Ors

(2010) JELR 33766 (CA)

Court of Appeal  •  CA/E/EPT/18/2007 (CON.)  •  16 Jul 2010  •  Nigeria

Coram
AMIRU SANUSI JCA; OLUKAYODE ARIWOOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE JCA (DELIVERING THE LEADING JUDGMENT): This is an interlocutory appeal lodged by the 4th respondent in Petition No Ept/Ebs/Sen/Ab/12/2007 - Dr. Emmanuel Onwe v. Senator Julius Ali Ucha and 4 Ors against the Ruling delivered on 2/7/2007 by the National Assembly/Governorship and Legislative Houses Election Petition Tribunal holden at Abakaliki, Ebonyi State (hereinafter to be simply referred to as "the Tribunal"). In the ruling, the Tribunal dismissed the application brought by the 4th respondent - the Peoples Democratic Party dated 5/6/2007 and filed on 13/6/2007, in which an order for the striking out of the petition was sought. The grounds relied upon for the order sought as set out in the application are: -

"1. The Tribunal lacks the jurisdiction to entertain the petition in that the subject matter cause of action therein are matters or events preceding the election of 21st April, 2007 and as well as intra party affairs.

2. The said petition is incompeten…

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