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SHUAIB AFOLABI SALISU V. JELILI KAYODE AMUSAN & ORS.

(2010) JELR 41742 (CA)

Court of Appeal  •  CA/I/EPT/NAHR/50A_B/2008  •  8 Dec 2010  •  Nigeria

Coram
KUDIRAT M. O. KEKERE-EKUN JCA; MODUPE FASANMI JCA; JOSEPH SHAGBAOR IKYEGH JCA;

Judgement

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): The interlocutory and the substantive appeals in the matter were filed separately and the briefs were filed separately as well. Both appeals were given the same number as CA/I/NAHR/50A&8/2008. In the circumstance, I shall deal with the interlocutory appeal first before going into the substantive appeal.

This is an appeal against the ruling of the Ogun State Governorship/Legislative Houses Election Petition Tribunal, Abeokuta delivered on the 22nd of November, 2007 in which the Tribunal struck out 18 out of 30 paragraphs of the Petitioner's petition on the ground that they were vague nebulous, ambiguous and without clarity of facts. Being dissatisfied with the ruling, Appellant appealed to this court vide a notice of appeal dated 28th November, 2007. The said notice of appeal was later amended pursuant to the order of this Court on the 5th of February, 2009.

The amended notice of appeal dated 12th of February, 2009 increased…

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