MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): On Friday, the 25th day of November, 2011 this appeal was dismissed. I now provide the reasons, why it was dismissed.
The appeal stems from the decision/ruling of the National and State Houses of Assembly Election Tribunal sitting in Umuahia, Abia State - Coram. Honourable Justice A. A. Adebara (Chairman), Honourable Justice J. I. Acha and Honourable Justice L. W. Mahmud (members) delivered on 29th September, 2011 wherein the Lower Tribunal struck out Appellants' petition as being incompetent.
The Ruling of the Lower Tribunal itself was a product of consolidated applications. First, by the 1st and 2nd Respondents and also by the 3rd and 5th Respondents before the Lower Tribunal.
The 1st and 2nd Respondents filed a motion on notice, pursuant to sections 137, 138 and 140 of the Electoral Act 2010 as (amended), paragraphs a (1) 3(a) and (9) and 47 of the First schedule to the Electoral Act 2010 (as amended), order 26 of th…