HON. EHIOZE EGHAREVBA VS HON. CROSBY OSADOLOR ERIBO & ORS

CORAM

PARTIES

HON. EHIOZE EGHAREVBA APPELLANTS

HON. CROSBY OSADOLOR ERIBO EDO STATE INDEPENDENT ELECTORAL COMMISSION ATTORNEY GENERAL OF EDO STATE GOVERNOR OF EDO STATE HON. JUSTICE R.I. AMAIZE HON. JUSTICE S. O. OIGBOKIE HON. JUSTICE P. I. IMOEDEMHE [ for themselves and on behalf of Edo State Local Government Election Appeal Tribunal] HON. JUSTICE M. IGHODALO HON. JUSTICE EFE IKPONMWONBA HON. JUSTICE TIMOTHY OBOH JOHN FISHER AYO AKHIMIE MRS. A. NWOHA [For themselves and on behalf of the Local Government Election Petition Tribunal] RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant was declared winner of an election. The 1st respondent filed an election petition at the election tribunal against the appellant who claimed he was validly nominated but unlawfully excluded. His petition was declared incompetent but was upturned on appeal. The appellant has appealed.

HELD

Appeal is dismissed.

ISSUES

Whether the lower court was right when it held that he trial court had no jurisdiction to entertain the certiorari application of the appellant.

RATIONES DECIDENDI

CASES CITED

1. Oloba v. Akereja (1988) 3 NWLR pt. 84 pg. 508|2. Obriode v. Oyebi (1984) 1 SCNLR Pg. 390.|3. Ezomo v. Oyakhire (1985) 1 NWLR pt. 2 pg. 105|4. Petrojessica Enterprise Ltd. v. Leventis Technical Co. Ltd. (1992) 2 SCNLR pg. 341|5. Barclays Bank v. Central Bank of Nigeria (1976) 6 SC. pg. 175|6. Oyekan v. Akinjide (1965) NWLR pg. 381.|7. Prince Uche Nwole v. Chief Amadi C. Iwuagwu & Ors (2004) 15 NWLR pt.895 pg. 61 at page 87

STATUTES REFERRED TO

Constitution of the Federal Republic of Nigeria 1999|

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