SANUSI JSC (Delivering the Lead Judgment): This appeal emanated from the judgment of the Court of Appeal (now “the lower court), Benin Division delivered on 17 December 2015 which overturned the judgment of the National Assembly and State House of Assembly Election Petition Tribunal (“the tribunal” for short) and upheld the election of the appellant. Being dissatisfied with the judgment of the lower court delivered on 17 December 2015, the 1st respondent/cross- appel ant filed a notice of cross-appeal on 7 January 2016. Uponbeing served with the notice of appeal, the appellant/1st respondent’s notice of cross-appeal.
Sequel to that, the 2nd and 3rd respondents/respondents filed a notice of preliminary objection dated 16 September 2016, challenging the competence of the cross-appeal. Now since thepreliminary objection poses a challenge on the jurisdiction of this court to entertain this appeal in the first place, I think it is A only fair to consider the preliminary objection first, b…