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HON. MOHAMMED SALEH & ORS. V. GARBA DATTI MUHAMMAD & ANOR.

(2010) JELR 34349 (CA)

Court of Appeal  •  CA/K/EP/NA/05/07  •  4 May 2010  •  Nigeria

Coram
HON. JUSTICE M. L. GARBA JCA; HON. JUSTICE JOHN. I. OKORO JCA; HON. JUSTICE T. N. ORJI-ABADUA JCA;

Appearances
O. I. HABEAB with M. M. ALABELEWE and A. BASHAR For Appellant G. A. ALLEY C. N. NWAGBU For Respondent

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): By an order of the Court made on the 31/3/2008, the above appeals, which arose from the interlocutory and the final decisions of the National Assembly Election Tribunal, Kaduna State in election petition No. EPT/KD/NA/022/2007, were consolidated and eventually heard on the 2nd of March, 2010. The Election Tribunal would henceforth be called the Lower/tribunal.

Appeals No. CA/K/EP/NA/24/2007 and CA/K/EP/NA/31/07 are interlocutory appeal against decisions contained in rulings granting leave to amend the petition and enlarging time for the filing of INEC forms EC8A(11) respectively.

The two (2) appeals given the same No.CA/K/EP/NA/05/07 are against the final decision of the Lower/tribunal.

The first in time was the one filed on the 27/12/07 by the 1st and 2nd Respondents in the petition while the petitioners, also dissatisfied with some aspect of the decision, filed the 2nd appeal on 3/01/08 against same.

In line with the…

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