LETTER TITUS TERUNGWA & ANOR. V. AYUA TERHILE EMMANUEL & ORS.
(2011)LCN/4868(CA)
In The Court of Appeal of Nigeria
On Wednesday, the 2nd day of November, 2011
CA/MK/EPT/27/2011
RATIO
PRELIMINARY OBJECTION: ATTITUDE OF THE COURT WHERE THE ARGUMENTS AND SUBMISSIONS MADE ON A PRELIMINARY OBJECTION ARE LACKING IN MERIT
I had also fully considered the notice of preliminary objection dated and filed on 28-10-2011, on behalf of the 1st Respondent, together with all the arguments and submissions made on it. I have found it to be totally lacking in merit. It is accordingly dismissed. PER ALI ABUBAKAR BABANDI GUMEL, J.C.A
ISSUES FOR DETERMINATION: CIRCUMSTANCES WHERE THE FORMULATED ISSUES FOR DETERMINATION WILL BE REGARDED AS VALID
The 4 issues formulated and argued on behalf of the Appellants are valid having been fully distilled from valid and competent grounds of appeal. PER ALI ABUBAKAR BABANDI GUMEL, J.C.A
JUSTICES
MUHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria
ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria
UCHECHUKWU ONYENAM Justice of The Court of Appeal of Nigeria
Between
1. LETTER TITUS TERUNGWA
2. ACTION CONGRESS OF NIGERIA (ACN) Appellant(s)
AND
1. AYUA TERHILE EMMANUEL
2. PEOPLES DEMOCRATIC PARTY (PDP)
3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) Respondent(s)
ALI ABUBAKAR BABANDI GUMEL, J.C.A, (Delivering the Leading Judgment): I have carefully read and considered the briefs of argument filed and fully argued on behalf of the parties herein by respective learned Counsel. I had also fully considered the notice of preliminary objection dated and filed on 28-10-2011, on behalf of the 1st Respondent, together with all the arguments and submissions made on it. I have found it to be totally lacking in merit. It is accordingly dismissed.
The 4 issues formulated and argued on behalf of the Appellants are valid having been fully distilled from valid and competent grounds of appeal. Issues 1 and 4 are resolved in favour of the Appellants. Appeal is allowed in part. The ruling of the lower Court delivered on 16/09/2011 in Petition No. NSHA/EPT/BN/HA/36/2011 wherefore it struck out the said petition is hereby set aside, more particularly as it affects all other paragraphs of the petition that contain allegations against the 3rd Respondent and its officers and agents. There are enough allegations of fact to support the 3 grounds of the petition even if all the paragraphs that contain allegations against persons who had not been made parties to the petition are discountenanced. All such paragraphs are hereby so discountenanced in order to save time. Petition is hereby remitted to the lower Court for hearing and determination by another panel. I make no order for costs.
I would give my full reasons for allowing this appeal in part at a date to be announced to the parties and their counsel.
MOHAMMED LADAN TSAMIYA, J.C.A: I agree.
UCHECHUKWU ONYEMENAM J.C.A: I agree with the Judgment just delivered by my learned brother Ali Abubakar Babandi Gumel, JCA.
Appearances
For Appellant
AND
For Respondent
