UBAEZONU, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, Enugu that it had jurisdiction to make an order of certiorari against the decision of an Election Tribunal set up under Decree No. 6 of 1996. The facts of the case are simple. At the March, 1996 Local Government election, the appellant lost to the 1st respondent. The appellant scored 53 votes while the 1st respondent scored 117 votes. The appellant filed a petition before the Election Tribunal. His petition was dismissed. The election of the 1st respondent was accordingly confirmed. The appellant appealed to the Local Government Election Appeal Tribunal which by a majority of 2 - 1 allowed the appeal and set aside the decision of Election Tribunal.
The 1st respondent at the tribunal thereupon went to the Federal High Court and claimed as follows:
"a. An order granting the applicant leave to apply for an order of certiorari to quash the proceedings and judgment of the…