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HON. KPAM JIMIN SOKPO v. HON. JOSEPH TERFA ITYAV & ORS

(2019) LPELR-48789(CA)

In The Court of Appeal of Nigeria

On Monday, the 4th day of November, 2019

CA/MK/EP/HR/44/2019


Before Their Lordships

ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria

ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria

JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria


Between

HON. KPAM JIMIN SOKPO - Appellant(s)

AND

1.HON. JOSEPH TERFA ITYAV
2.ALL PROGRESSIVES CONGRESS (APC)
3.PEOPLES DEMOCRATIC PARTY (PDP)
4.INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) - Respondent(s)


Other Citations

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Summary

INTRODUCTION:
This appeal borders on Election Petition. 
FACTS:
The 1st and 2nd cross - respondents by election petition No. EPT/BN/R/05/2019 questioned before the National and State Houses of Assembly Election Tribunal, Makurdi, the election and return of the cross - appellant in the polls held on 23/2/2019 for the Member representing Buruku Federal Constituency in the House of Representatives. The tribunal dismissed the petition on 6/9/2019.

Aggrieved by the decision, the 1st and 2nd cross - respondents appealed to the Court of Appeal. The cross - appellant filed a notice of cross - appeal on 9/10/2019 against the part of the decision of the tribunal which dismissed the cross - appellant's preliminary objection to the preliminary objection.

???Briefs were filed and exchanged between the cross-appellant and the 1st cross - respondent. The 1st and 2nd cross - respondents filed a notice of preliminary objection challenging the competence of the cross-appeal.

ISSUES:
In the course of hearing arguments of the appeal, the Court invited counsel to address it on one question, to wit:
Considering the Election Tribunal and Court Practice Directions, 2011 was the notice of cross-appeal validly brought?

DECISION/HELD:
On the whole, the cross-appeal was unanimously struck out for being filed out of time and for being academic.


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