MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal holden at Owerri delivered on the 19th April, 2012 in appeal No/CA/OW/EPT/2012. The appellants in the said appeal were the petitioners at the Election Petition Tribunal, the striking out of whose petition by the tribunal led to their appeal at the Court of Appeal, hereafter referred to as the court below. I shall state, briefly, the facts on which the appeal before us predicates.
The 1st appellant was 2nd appellant's candidate in the election conducted by the 2nd respondent for the Nkwerre Constituency seat in the Imo State House of Assembly. The election held on 26th April, 2011. At the end of polls, the 2nd respondent returned the 1st respondent as the duly elected member of the Imo State House of Assembly representing the Nkwerre Constituency. Dissatisfied with the return, the appellants on 17th May, 2011 filed a petition at the National and State Houses of…