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CaseLaw

Sule V. Kabir (2010) CLR 2(dd) (CA)

Judgement delivered on February 2nd 2010

Brief

  • Limitation of action
  • Fresh issue on appeal
  • Preliminary objection to appeal
  • Election petition
  • Doctrine of stare decisis
  • Jurisdiction of court
  • Bindingness of Supreme Court decision

Facts

This appeal is from the decision of National Assembly/Governorship Election Tribunal, Katsina State delivered on 9/11/07 in election petition No. NA/HR/EPT/KTS/32/07, the appellant had presented the said petition as a candidate sponsored by the All Nigeria Peoples' Party (ANPP) at the election for a seat in the House of Representatives, Federal Republic of Nigeria conducted by the 2nd-5'h respondents in the Katsina Central Constituency on the 21/4/07. After the election, the 1st respondent who was a candidate sponsored by the Peoples' Democratic Party (PDP) was declared and returned as the winner and the appellant being aggrieved by the return, filed the petition on the sole ground that the 1st respondent was at the time of the election, not qualified to contest the election.

The respondents filed their respective replies to the petition and after the pre-trial formalities, it proceeded to trial at the end of which the tribunal dismissed the petition in the aforementioned decision.

Issues

  • 1
    Whether the Court of Appeal has the jurisdiction to entertain the instant...
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