PAUL ADAMU GALINJE, J.C.A (Delivering the Leading Judgment): On the 13th of October 2011 I dismissed this appeal and reserved my reasons for doing so.
I now give reasons for my decision today.
The appeal herein is against the decision of the National and State Houses of Assembly Election Tribunal Sitting at Port Harcourt which was delivered on the 18th august 2011, in which the Appellant's petition was dismissed on the ground that his application pre-hearing notice was made outside the prescribed period.
Being dissatisfied with that decision, the appellant has brought this appeal. His notice of appeal dated 29th August 2011 and field on the 6th September 2011 contains five grounds of appeal.
Parties filed and exchanged briefs of argument. The appellant formulated two issues for determination of this appeal. These issues are reproduced hereunder as follows:
1. Whether the court below had jurisdiction to hear and determine the application of the 1st Respondent outside the pre-hearing se…