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Reider-Jacks v. I.N.E.C.

MR. GEORGE SOTONYE REIDER-JACKS

V

INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 4 OTHERS

COURT OF APPEAL

( PORT HARCOURT DIVISION )

SULEIMAN GALADIMA JCA ( Presided )

TIJJANI ABDULLAHI JCA ( Read the Lead Judgment )


EJEMBI EKO JCA

CA/PH/EPT/429/2007

MONDAY, 5 MAY 2008 

APPEAL - Appellant’s complaint - How ascertained

APPEAL - Issue for determination - Mandatoriness of distilling from ground of appeal predicated upon ratio decidendi of decision being appealed against

APPEAL - Preliminary objection - Determination of - Duty of court to undertake before consideration of main appeal - Where upheld -  Effect of

APPEAL - Reply brief - Purport of - Court of Appeal Rules, 2007, Order 17, rule 5 considered


ELECTION PETITION - Election matters - Counsel in - Applicable statutes - Duty of to comply with

STATUTE - Court of Appeal Rules, 2007, Order 17, rule 5 - Reply brief -  Purport of

Issue:

Whether the issues for determination by the appellant are competent.

Facts:

The petitioner and the 5th respondent contested the House of Representatives election in Rivers State. The 5th respondent was returned as the duly elected candidate. The petitioner was aggrieved and filed a petition at the Governorship and Legislative Houses Election Tribunal. The respondent filed a preliminary objection challenging the competence of the petition. The tribunal dismissed the petition on grounds of non-compliance with the provisions of the Electoral Act, 2006, and lack of locus standi of petitioner to present the petition. Aggrieved, the petitioner filed an appeal at the Court of Appeal. The respondents filed a preliminary objection challenging the competence of the appeal.