WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is a consolidated appeal against the judgment of the Court of Appeal, holden at Jos, in appeal NO. CA/J/EPT/GOV/227/2011 delivered on the 23rd day of December, 2011 in which the court allowed the appeal of the 1st and 2nd respondents and ordered that the election petition filed by the said respondents be tried on the merit by an Election Tribunal to be constituted by the appropriate authority.
On the 26th day of April, 2011 elections were held into the office of state governors in Nigeria including Borno state in which the 1st respondent was the governorship candidate of the 2nd respondent for the Office of Governor of Borno State. The appellant in SC/1/2011, ALL NIGERIA PEOPLES PARTY (ANPP), a registered political party who is also 3rd respondent in SC/2/2011 sponsored the 1st and 2nd appellants in SC/2/2011 as Governor and Deputy Governor in the aforesaid election.
At the end of the election, the 4th resp…