OGUNWUMIJU JCA: (Delivering the Lead Ruling): This is a motion on notice dated 20 August 2008 and filed on 25 August 2008. It is for the following orders:
Leaveto apply for settingaside the judgment of this honourable court delivered on Tuesday, 10 June 2008. An order setting aside the judgement of this honourable court delivered 10 June 2008 in this case in its entirety same having been made without jurisdiction.
An order striking out/dismissing, the petition of the appellant for lack of jurisdiction. Alternatively,
An order remitting the petition back to the Governorship/ Legislative House Election Petition Tribunal at Asaba for trial de novo.
The application issupported by13 groundsas setout in the application which is supported by a 3 paragraph affidavit sworn to by oneIsioma Okonji. Learned counsel for the appellant, Mr. E. E. Okonkwo argued that by grounds 2 and 3 in support of the application, the election petition was filed on 19 May 2007 and ruling delivered on 7 June 2007 …