TOBI, J.C.A. (Delivering the Leading Judgment): The appellant was the petitioner in the National Assembly Election Tribunal. He was a candidate in the senatorial election for the Enugu East Constituency held on 20th February, 1999.
He was declared a loser. He filed an election petition. The 1st respondent entered a memorandum of conditional appearance. Before the petition could be heard, the 1st respondent filed a motion praying for "an order dismissing, striking out or setting aside the above petition for being incurably bad and incompetent", The motion was based on three grounds:-
(a) Absence of locus standi
(b) Lack/want of jurisdiction of the tribunal to hear and/or determine the petition.
(c) Absence of mandatory parties/persons. Similar motions was filed by 2nd to 9th respondents. The motion were filed on 1st April, 1999.
The appellant had earlier filed a motion to amend his petition by adding more respondents and giving further particulars of malpractices of the 1st respondent…