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OKOCHA SAMUEL OSI v. ACCORD PARTY & ORS

(2016) JELR 36745 (SC)

Supreme Court  •  SC.187/2016  •  9 Dec 2016  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; CHIMA CENTUS NWEZE JSC; AMIRU SANUSI JSC;

Judgement

AMIRU SANUSI, J.S.C.(Delivering the Leading Judgment): This appeal emanated from the Judgment of the Court of Appeal (now the lower Court), Benin Division Delivered on 17th December, 2015 which overturned the Judgment of the National Assembly and State House of Assembly Election Petition Tribunal ("the Tribunal" for short) and upheld the election of the appellant.

Being dissatisfied with the Judgment of the lower Court delivered on 17th December, 2015 the 1st respondent /Cross appellant filed notice of cross appeal on 7th January, 2016. Upon being served with the Notice of appeal, the Appellant/1st Respondent notice of Cross appeal.

Sequel to that the 2nd and 3rd Respondents/Respondents filed Notice of Preliminary Objection dated 16/9/2016, challenging the competence of the Cross appeal. Now since the preliminary Objection poses a challenge on the Jurisdiction of this Court to entertain this appeal in the first place, i think it is only fair to consider the Preliminary Objection first, …

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