JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of National Assembly/Governorship/Legislative Houses Election Tribunal, (hereinafter called the Tribunal) sitting at Calabar delivered in petition No. EPT/HA/C/4/2007, on 1/12/2007.
The Tribunal had dismissed the petition of the appellants challenging the return of the 1st respondent as the member representing the Calabar South 1, State Constituency in the Cross River State House of Assembly in the election that took place on Saturday, 14/4/2007, for failure of the appellants to join necessary parties to the petition.
The State House of Assembly election was conducted nation wide on 14/4/07. The 1st respondent who had won the primaries on the Peoples Democratic Party (PDP) was nominated to contest the election into the Calabar South 1, State House of Assembly. The 1st appellant contested under the All Nigeria Peoples Party (ANPP). The Action Congress (AC), the National Democratic Party (NDP);…