TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Governorship and Legislative Houses Election Petition Tribunal sitting at Port Harcourt, delivered on the 4th December, 2007 in which the petition of the Appellant was dismissed on the ground of irregularity or lack of personal service of the originating process on the 1st Respondent.
The facts of the case as can be gathered from the records are that on the 14th day of April, 2007, election was conducted for all the states Houses of Assembly in the country. The Appellant and the 1st Respondent were candidates on the platform of their various political parties, Action Congress (AC) and Peoples Democratic Party (PDP) respectively.
The Appellant who came a distant 5th position with only 86 votes as against the 1st Respondent 36,613 votes was aggrieved by the return of the 1st Respondent and consequently filed a petition against the Respondents on the 12/05/07 before the said tribuna…