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PINE EMMANUEL TERKIMBI & ORS V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2023) JELR 110227 (CA)

Court of Appeal  •  CA/MK/PE/39/2022  •  8 Feb 2023  •  Nigeria

Coram
Mohammed Ambi-Usi Danjuma JCA Biobele Abraham Georgewill JCA Ibrahim Wakili Jauro JCA

Appearances
P. N. Jooji, Esq. for the Appellants; Basil Hemba, Esq. for the 2nd Respondent; Chief Mamman Mike Osuman, SAN, OFR with him, Promise Nwachi Elenwo, Esq. for the 3rd Respondent; F. B. Mnyim, Esq. with him, P. K. Juluku, Esq. for the 5th Respondent; G. B. Dandi, Esq. holding the brief of T. J. Aondo, Esq. for the 14th Respondent; The 1st Respondent, though duly served with hearing notice on 27/1/2023, was not represented by counsel at the hearing of this appeal; The 4th, 6th - 13th and 15th Respondents, though served with hearing notices on 20/1/2023, were not represented by counsel at the hearing of this appeal.

Judgement

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Makurdi Division, Coram: Abdu Dogo J, in Suit No: FHC/MKD/CS/867/2022: Pine Emmanuel Terkimbi and Ors V. Independent National Electoral Commission and Ors, delivered on 5/12/2022, in which the claims of the Appellants as Claimants against the Respondents as Defendants were struck out for being incompetent on grounds of being statute barred and for lack of locus standi. 

The Appellants were dissatisfied with the said judgment and had appealed against it vide their Notice of Appeal filed on 14/12/2022 on Three Grounds of Appeal. See pages 780 - 791 of the Record of Appeal. The Record of Appeal was compiled and transmitted to this Court on. The Parties filed and exchanged their briefs, which were adopted as their arguments at the hearing of this appeal on 30/1/2023. The Appellants were represented by P. N. Jooji Esq. The 2nd Respondent was represented by …

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