DONGBAN-MENSEM JCA (Delivering the Lead Judgment): The appellant was a candidate in the Enugu State governorship election held on the 19th April, 2003. He lost the election to the 1st respondent and therefore filed an election petition on the 19th May, 2003.
On the 20th May, 2003, the appellant sought two orders from the trial Tribunal ex parte to wit:
“An order
.... compelling the 2nd - 4th respondents to immediately produce before this Tribunal copies of the polling documents and materials relating to the governorship election in Enugu State held on the 19th April, 2003 ... in the custody of the 2nd - 4th respondents ... Also .... Pray that the order if granted, shall be served on the 2nd - 4th respondents by posting the order of the petition at the gate of 2nd respondent’s office.” Upon this application, theTribunal demanded clarification as to whether the learned counsel wanted the documents produced before the Tribunal for inspection and learned counsel for the applicant answere…