COMRADE ADAMS ALIYU OSHIOMHOLE V. CHARLES EHIGIE AIRHIAVBERE, MAJ. GEN. (RTD) ACTION CONGRESS OF NIGERIA (ACN) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) RESIDENT ELECTORAL COMMISSIONER (EDO STATE) THE RETURNING OF FICER, EDO STATE GOVERNORSHIP ELECTION
(2012) JELR 56597 (CA)
Court of Appeal
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CA/B/EPT/289/2012
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15 Nov 2012
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Nigeria
Coram
HELEN MORONKEJI OGUNWUMIJU JCA (Presided) TOM SHAIBU YAKUBU JCA TUNDE OYEBANJI AWOTOYE JCA (Read the Lead Judgment)
Appearances
Chief Wole Olanipekun, SAN [with him, Rickey Tarfa, SAN, O. A.
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Omonuwa, SAN, Abiodun Amole, Lasaki Olelekan, O. O. Samuel, A
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O. Ohenhen, O. Osinaro, E. Erewele, Adams Aliu, V. O. Abiri (Miss),
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A. Adejumo (Mrs.)] - for the Appellant. C. Akpofure, SAN [with him, S. O. Agwinede, F. E. Ulinfun, P.
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O. Irua, K. I. Aigbe, D. O. Inegbebor, P. O. Akpofure, N. M. Aladum (Mrs.), V. O. Idiaghu] - for the 1st Respondent.
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Adetuyi Oyeyipo, SAN [with him, Ken Mozia, SAN, Rotimi Ogineso, B
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SAN, N. Ekenem, V. E. Ohiosunmua, O. Igbinonwahia, R.O. Oaihimire (Mrs.), G.A. Oladejo, F. Omo-Osadiaye, A. O. Eikho, O. Ogbake, S. Owotori and Tajudeen Alade] - for the 2nd Respondent.
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E. R. Umukpoerav
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- for the 3rd to 5th Respondents. C
Judgement
AWOTOYE JCA(Delivering the Lead Judgment): This is the judgment in respect of the appeal against the ruling of the Governorship Election Tribunal holden at Benin City dated 27 September 2007. The appellant who was one of the respondents at the lower tribunal had applied for the dismissal/striking out of the petition on diverse grounds: In its ruling, the tribunal struck out paragraphs of the petition as well as paragraph 30(1) and (2) of the petition. Against the said ruling, the appellant appealed to this court as per his notice of appeal filed on 3 October 2012.
The notice of appeal contains one sole ground of appeal which reads (shorn of the particulars):
“The lower tribunal erred in law in its failure to strike out and/ or dismiss the entire petition having struck out reliefs 30(i) and 30(ii) and paragraphs 12(iv), 13(i), 13(ii), 23, 24 and 25 of the petition.” After transmission of record of appeal to this court, the appellant filed brief of argument on 15 October 2012. Each of t…
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