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CaseLaw

Okocha Samuel Osi V. Accord & Ors (2016) CLR 12(k) (SC)

Judgement delivered on December 9th 2016

Brief

  • Jurisdiction
  • Election Petition
  • Section 246 of the 1999 constitution
  • Section 246(3) of the 1999 Constitution
  • Section 285(7) of the 1999 Constitution
  • Section 85(1) of the Electoral Act 2010
  • Section 233 of the 1999 Constitution
  • Section 385(7) of the 1999 Constitution
  • Section 27(3) of the Supreme Court Act 2004

Facts

On the 11th of April 2015, the Appellant herein contested with the 2nd respondent for the election to the membership of the Delta State House of Assembly for Anocha North constituency and the 2nd respondent was subsequently declared the winner.

Aggrieved, a petition was filed at the National Assembly and State House of Assembly Election Petition tribunal wherein the result of the election was affirmed. An appealed was filed to the Court of Appeal which overturned the decision of the tribunal and the election of the Appellant was upheld.

Dissatisfied with the judgment of the Court of Appeal, the 1st respondent/cross appellant filed the notice of cross appeal.

Sequel to this, the 2nd & 3rd respondents/respondents filed Notice of preliminary objection challenging the competence of the cross appeal since the preliminary objection poses a challenge to the jurisdiction of the court to entertain the appeal in the first place.

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