NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision of the National Legislative House Election petition Tribunal, Holden at Lagos (Coram Justice A. A. Nwagwe (Chairman); Justice N. S. Adeyanju (Member), Justice D. Z. Senchi (Member) of the 23rd of February, 2012 striking out the Appellants petition.
The first Tribunal had on the 17th of October, 2011 ordered a trial of the Appellants petition de novo on the merits.
But the Court of Appeal by its decision of the 14th of December 2011, set aside that Ruling of the first Tribunal of the 17th of October, 2011.
The facts culminating in the present appeal may be briefly put as follows:
On the 39th day of April 2011, the Appellants presented a petition before the National Assembly Election Tribunal holden at Lagos, challenging the victory of the 2nd Respondent in the election held on the 9th day of April 2011 into the seat of the Surulere II Federal Constituency of the House of Representatives (Pa…