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BARR. TOMBOWUA TAR & ANOR v. HON. AKAAN, G & ORS

(2011) JELR 41752 (CA)

Court of Appeal  •  CA/MK/EPT/19/2011  •  31 Oct 2011  •  Nigeria

Coram
MOHAMMED LADAN TSAMIYA JCA; ALI ABUBAKAR BABANDI GUMEL JCA; UCHECHUKWU ONYEMENAM JCA;

Judgement

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): The appeal is against the two rulings of the National and State House of Assembly Election Petition Tribunal for Benue State, sitting in Makurdi, delivered on 2/9/2011.

The 2nd and 1st respondents filed applications on 25/7/2011 and 28/7/2011 respectively, challenging the competence of the petition. On 2/9/2011 the Tribunal delivered two separate rulings on the motions. On the 1st respondent's application, the petition was struck out for want of jurisdiction being statute barred. The Tribunal on the 2nd respondent's motion, dismissed the petition for the fact that the remaining paragraphs of the petition did not disclose any cause of action after substantial paragraphs of the petition were struck out.

Dissatisfied, the appellant filed a Notice of Appeal on 22/9/2011 containing 5 grounds. In accordance with the rules, parties filed and exchanged their particular briefs. The appellants as well as 1st and 2nd respondents ideā€¦

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