BODE RHODES-VIVOUR, J.S.C.(Delivering the Leading Judgment): This is an appeal from the Ruling of the Court of Appeal Owerri Division, delivered on the 22nd day of March 2012. In that Ruling the Court of Appeal struck out the appellants' appeal for want of jurisdiction.
The facts are these.
On the 9th day of April, 2011, INEC, (2nd respondent) the regulatory body charged with conducting elections in Nigeria conducted the National Assembly elections for the Mbaitoli/Ikeduru Federal Constituency of Imo State in the House of Representatives. Dr. K. Opara (the 1st appellant) was the candidate of APGA" while Hon. B. Amadi (the 1st respondent) was the candidate of the PDP. Candidates of several other parties contested the election, but they are irrelevant in this appeal. At the end of the election INEC declared the 1st respondent the winner. Not satisfied with the results of the election the appellant as petitioner filed a petition. On the 25th day of September 2011 the Court of Appeal allo…