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PROF STEVE TORKUMA UGBA & ANOR V. GABRIEL TORWUA SUSWAM & ORS

(2011) JELR 45891 (CA)

Court of Appeal  •  CA/MK/EPT/15/2011 (REASONS)  •  27 Oct 2011  •  Nigeria

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

Judgement

REASONS DELIVERED BY UCHECHUKWU ONYEMENAM: The reasons for the judgment I delivered on 18th October, 2011, are herein given.

The grounds upon which the respective respondents raised their preliminary objection are set out hereunder; 1st respondent:

"(a) The Appellants' Notice of Appeal dated 08/09/2011 and filed on 09/09/2011, relied upon in this appeal, was filed more than 14 (fourteen) days after 19/08/2011 when the ruling complained of in this appeal was delivered and no leave was sought or secured;

(b) The Appeal has become academic since the substantive petition had been dismissed for reasons other than reasons complained of in this appeal;

(c) The Appellants' brief contravenes paragraph 14 of the Election Tribunal and Court Practice Direction, 2011 and is therefore incompetent;

(d) Grounds 1 and 6 of the Notice of Appeal are incompetent as they are fresh grounds not taken of the Tribunal and no leave of this Court has been obtained to argue some.

(e) Issues 1 and 4 formulated b…

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