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PROF. STEVE TORKUMA UGBA & ORS. v. PEOPLE DEMOCRATIC PARTY (PDP) & ORS.

(2011) JELR 47427 (SC)

Supreme Court  •  SC.360/2011  •  14 Nov 2011  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; JOHN AFOLABI FABIYI JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC; MARY PETER ODILI JSC;

Judgement

DAHIRU MUSDAPHER, C.J.N (Delivering the Leading Judgment): On the 23/6/2011, the appellants as petitioners applied before tribunal by motion Ex-parte for the issuance of pre hearing notice under paragraph 18 of the 1st Schedule to Electoral Act as amended. The Tribunal granted the order and caused pre hearing conference notice to be issued to all the respondents. The 1st and 2nd respondents by different motions on notice sought orders to set aside the pre hearing notices already issued. The 1st respondent rightly in my view withdrew his application which was struck out on the 29/6/2011. The Tribunal on the 19/7/2011 dismissed the motion of the 2nd respondent.

On appeal by the 1st respondent, the Court of Appeal on the 16/9/2011 set aside the ruling of the Tribunal and consequently decided that leave under paragraph 47 of the 1st Schedule to Electoral Act is applicable to all applications under paragraph 18 (1) of the same schedule, therefore leave was necessary and it dismissed the pe…

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