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CHIEF AMBROSE OWURU V. INDEPENDENT NATIONAL ELECTORAL COMMISSION OF NIGERIA & ORS

(1999) JELR 43893 (CA)

Court of Appeal  •  CA/PH/EP/109/99  •  5 May 1999  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; MICHAEL EYARUOMA AKPIROROH JCA; JOHN ABOYI IKONGBEH JCA;

Judgement

MICHAEL EYARUOMA AKPIROROH, JCA (Delivering the Leading Judgment): This is an appeal from the Ruling of the National Assembly Election-Tribunal sitting at Port Harcourt.

The petitioner filed this petition at the National Assembly Election Tribunal on 18th March, 1999 and the 1st and 2nd Respondents were served with the petition on 30th March, 1999 while the 3rd Respondent was served on 29th March, 1999.

Upon the service of the petition on the 3rd Respondent he filed a memorandum of conditional appearance and indicated therein that he would raise preliminary objection against the hearing of the petition on grounds of law. On 7/4/99 he filed a motion to strike out the petition on the following grounds:-

"1. An ORDER striking out this purposed election petition.

2. AND for such further or other orders as this Honourable Tribunal may deem fit to make in the circumstances.

3. AND FURTHER TAKE NOTICE that the grounds on which this application is made are as follows:-

1. The purported petit…

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