ISAIAH OLUFEMI AKEJU, J.C.A, (Delivering the Leading Judgment): This appeal is against the decision of the National and State House of Assembly Election Petition Tribunal, Holden at Calabar, contained in the ruling delivered on 2nd August, 2011 dismissing Election Petition No. EPT/CR/SA/1/2011 filed by the Appellants.
The 1st Appellant was a candidate at the election into the House of Assembly seat for Biase State Constituency conducted by the on 26th April, 2011. The 2nd Appellant was the political party that sponsored the 1st Appellant for the election. At the conclusion of the election, the 3rd Respondent declared the 1st Respondent as the win4er and the duly returned candidate.
The Appellants who were aggrieved by the declaration of the 1st Respondent as the winner of the election filed the Election Petition No. EPT/CR/SA/1/2011 on 15th May, 2011 on the grounds stated in paragraphs 38, 39 and 40 thereof as follows:
"38. The election was invalid by reason of non-compliance with th…