SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the National and State Houses of Assembly Election Tribunal (coram Onajite Kuejubola J., Udu-Eze J. and Y. Mukhtar J.), sitting in Awka, Anambra State, in PETITION No. EPT/AN/HA/44/2011 delivered on the 29th September 2011 wherein the appellants' petition was dismissed on the ground that the application for pre hearing notice was made out of time contrary to the provisions of paragraph 18 of the 1st schedule to the Electoral Act 2010, as amended.
Election into the Anambra State House of Assembly for Ihiala I Constituency was conducted on the 26th April, 2011. The 1st Appellant herein was a candidate sponsored by the 2nd Appellant All Progressive Grand Alliance (APGA) for the said election. The 1st Respondent was also a candidate but sponsored by the 4th Respondent, Peoples Democratic Party (PDP). At the conclusion of the Election, the 1st Respondent was declared winner and retu…