TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal of the petitioner/appellant against the decision of the National and State House of Assembly Election Petition Tribunal sitting at Port Harcourt wherein the election petition tribunal dismissed the petition of the petitioner under paragraph 18 of the First Schedule to Electoral Act (as amended).
The petitioner had filed and served his petition on all the respondents but only the 1st Respondent filed his reply to petition within time. The petitioner instead of applying for pre-hearing notice within 7 days of being served with the 1st Respondent's Reply delayed and waited for the 2nd - 5th and 7th - 17th Respondents who were out of time to file their respective replies. The 1st respondent applied successfully for the dismissal of the election petition hence this appeal.
After transmission of records the parties filed their respective briefs of argument which they adopted in t…