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OLAYINKA SOGAOLU v. INEC & ORS

(2008) JELR 47573 (CA)

Court of Appeal  •  CA/I/EPT/NAHR/3/07  •  27 Oct 2008  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; ISTIFANUS THOMAS JCA; CHIDI NWAOMA UWA JCA;

Judgement

ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of the National Assembly Election Tribunal, Abeokuta Ogun State, delivered on 21st August, 2007 and dismissed the appellant's petition for non compliance of the Electoral Act 2006.

The brief facts of the petition at the lower Tribunal is that the 1st, 2nd, 4th - 44th respondents filed on 26-07-07 application on notice of an objection challenging the petition on the grounds of lack of jurisdiction and urged that the petition be dismissed or struck out. It was their contention that the petition is fundamentally defective in that it was not in compliance with the Electoral Act 1st schedule and Practice Directions 2007. During hearing of the application, the 3rd respondent verbally aligned himself with the 1st, 2nd, 4th-44th respondents application. In its decision, the Lower Tribunal upheld the said preliminary objection and declared that it had no jurisdiction to entertain the appellant's petiā€¦

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