SAKA ADEYEMI IBIYEYE, J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling of the Delta State National Assembly Election Tribunal sitting in Asaba which was delivered on 3rd of May, 1999. The ruling is sequel to a preliminary objection raised by the 4th respondent to the incompetence of the petition filed before the Delta state National Assembly Election Tribunal (hereinafter referred to as the Tribunal). The Tribunal upheld the prayer of the 4th respondent by striking out the petition. The petitioner was aggrieved by that ruling and she appealed to this Court on three grounds which I shall consider presently.
The motion on notice which promoted the ruling appealed against by the appellant reads:
"AN ORDER striking out/dismissing this petition on the ground that it is an abuse of the process of Court and the Honourable Tribunal lacks jurisdiction to entertain the petition.
AN FURTHER TAKE NOTICE that the grounds upon which this application is based are as set…