HON. JUSTICE ADAMU JAURO, J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling of the National and State Houses of Assembly Election Tribunal Anambra State, holden at Awka, delivered on 11th October, 2011 in petition number EPT/AN/HA/46/2011, wherein the Tribunal refused the 1st Respondent's application to dismiss the petition.
By way of preamble, a resume of the facts giving rise to this appeal is hereby made as follows: The Appellant as the 1st Respondent/Applicant at the Tribunal, by a Motion on Notice dated 12th September, 2011 and filed 13th September, 2011 prayed for the dismissal of the petition as an abandoned petition. Written addresses in respect of the application were filed, exchanged and adopted before the Tribunal. In a ruling delivered on the 11th October, 2011, the Tribunal dismissed the application as lacking in merit.
Aggrieved by the aforementioned ruling, the Appellant challenged same vide a Notice of Appeal dated 31st October, 2011 and fil…