KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the National Assembly/Governorship Election Tribunal sitting in Port Harcourt, Rivers State (hereafter referred to as the lower Tribunal) delivered on 11th September, 2007 dismissing the appellants petition on grounds of incompetence and lack of jurisdiction.
The 1st appellant herein was a Senatorial candidate on the platform of the 2nd appellant, Democratic Peoples Party (DPP) at the Senatorial bye-elections, which took place on 28th April, 2007 in respect of the Rivers West Senatorial District of Rivers State. The 1st respondent also participated in the election on the platform of the Peoples Democratic Party (PDP) and was eventually returned by the 2nd respondent, the Independent National Electoral Commission (INEC) as the winner. The appellants were dissatisfied with the conduct of the election and the return of the 1st respondent. In a petition filed on 30/5…