AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling delivered on 20/10/2011 by the National and State Houses of Assembly Election Tribunal, Awka Anambra State, (hereafter simply referred to as "the Tribunal") striking out petition No.EPT/AN/NAE/SE/26/2011.
The Appellants as Petitioners instituted Petition No. EPT/AN/NAE/SE/26/2011 (hereafter simply referred to as "the Petition") on 17/5/2011 before the Tribunal challenging the declaration and return of the 1st Respondent as the winner of the election to the Senate of the Federal Republic of Nigeria for Anambra Central Senatorial District held on 9/4/2011 with a re-run into some Wards and Polling Units held on 26/4/2011. The 1st Appellant contested the questioned election on the platform of the 2nd Appellant; while the 1st Respondent contested the said election on the platform of the Action Congress of Nigeria. The grounds of the Petition as set out in paragraph 7 thereof are: -
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