CLARA BATA OGUNBIYI, J.S.C (Delivering the Leading Judgment): This is an appeal against the Ruling of the Court of Appeal, Owerri judicial Division delivered on the 19th October, 2012 wherein the court granted the 1st Respondent leave to appeal against the judgment of the Federal High Court, Owerri in Suit No. FHC/OW/CS/133/2011 A.C.N. V. I.N.E.C. and Ors, delivered on 3rd February, 2012.
The judgment dismissed the suit filed by the 2nd and 3rd Respondents on the ground that the subject matter of the said suit was a post election matter. See pages 277 - 297 of the record of Appeal in evidence.
Dissatisfied with the judgment of the Federal High Court, the 2nd and 3rd Respondents lodged an appeal at the Court of Appeal, Owerri Judicial Division vide a Notice of Appeal dated 28th March, 2012 and filed on 30th March, 2012 - pages 323 - 332 of the record of appeal is also in evidence. The said appeal was subsequently given a number, CA/OW/101/2012.
The Briefs of argument were filed and exc…