CHIOMA EGONDU NWOSU-IHEME (Ph.D), J.C.A. (Delivering the Leading Judgment): This appeal emanated from the ruling of the Governorship and Legislative Houses election Tribunal of Delta State, delivered on 7/9/2007 by which the Petition of the appellant was struck out on the Ground that it was incompetent following the preliminary objection of the Respondents in that petition. The appellant had filed an election petition at the said tribunal challenging the Conduct of the 1st Respondent for presenting a Certificate of Return to the 2nd Respondent in respect of the election into the State House of Assembly for the Ukwuani Constituency on the ground that he, and not the Second Respondent, was the validly nominated Candidate of PDP that Contested that election and won and therefore ought to have been issued with a Certificate of Return having Scored the highest number of votes cast at the election.
Before then the appellant had sued the 1st Respondent and PDP at the Federal High Court Abuja…