Chief Ukwadinamor Clement Uchechukwu V. Joan Onyemachi Bielonwu & Ors. (2008)

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CHIOMA EGONDU NWOSU-IHEME (Ph.D), J.C.A.

This is an appeal against the decision/Ruling of the Governorship/Legislative Houses Election Petitions tribunal, holden at Asaba, Delta State of Nigeria delivered on Wednesday, the 11th day of July, 2007.

The Appellant herein was the Petitioner in the Tribunal below. By a petition dated and filed on the 14th May, 2007 the Petitioner challenged the election of the 1st Respondent as the candidate representing the Aniocha South Constituency in the election to the Delta State House of Assembly held on 14th April, 2007.

On 4th June, 2007 the 1st Respondent filed her 1st Respondent’s Reply to the Petitioner’s petition.

On 4th June, 2007, the 2nd – 11th Respondents also filed their 2nd- 11th Respondents’ Reply to the Petitioner’s petition.

On 11th June, 2007 the petitioner in turn filed his Petitioner’s Reply to the 1st Respondent’s Reply and served same on the 1st Respondent on the 14th June 2007.

On the 11th June, 2007 the Petitioner also filed his Petitioner’s Reply to the 2nd – 11th Respondents’ Reply and served same on the Respondents on the 14th June 2007.

And the pleadings were considered to have been closed at this stage on the 14th June 2007.

Between 14th June 2007 and 24th June 2007, neither the Petitioner nor the respective Respondents applied for the issuance of Pre-hearing notice as in Form TF 007.

On 25th June, 2007 the Petitioner filed a Motion on Notice praying the Tribunal for the following orders:

1. EXTENSION OF TIME within which the Petitioner/Applicant may apply for the issuance of pre-hearing notice as in FORM TF 007.

2. AN ORDER for issuance of pre-hearing notice as in FORM TF 007.

3. And for such further order or orders as this Honourable Tribunal may deem fit to make in the circumstances.

There was an affidavit and a written address in support of the petitioner/Applicant’s Motion on Notice dated 25th June 2007.