JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The National and State Houses of Assembly Election Tribunal (the lower Tribunal) sitting at Ibadan in Oyo State of Nigeria dismissed the petition of the appellant on 26.7.2011, on a preliminary objection that he did not apply for the issuance of pre-hearing notice within 7 days of pleadings as required by paragraph 18 (1) of the First Schedule to the Electoral Act, 2010, as amended, hence this appeal.
A resume of the facts from the printed record of appeal (the record) disclosed the following. The appellant was sponsored by the Congress of Nigeria (A.C.N.) political party as a contestant senatorial seat of the Oyo North Senatorial district in the general election held on 9.4.2011. The scores recorded by the 3rd respondent, the Independent National Electoral commission (INEC), indicated 94,896 votes for the appellant and 133, 143 votes for the 1st respondent of the Peoples Democratic Party (PDP), the 2nd respondent. Six …