TIJANI ABDULLAHI, J.C.A.(Delivering the Leading Judgment): This is an appeal from the Ruling of the Governorship and Legislative Houses Election Petition Tribunal sitting at Owerri, Imo State delivered on the 20th day of August, 2007 wherein the lower Tribunal held that the Appellant's petition was incompetent and dismissed same on that ground. The Lower Tribunal in the said Ruling held thus:
"In view of the foregoing, the objection of the Respondents is sustained and the petition being incompetent is hereby dismissed."
Dissatisfied with the decision stated (supra), the Appellant filed this appeal consisting of four grounds. The grounds shorn of their particulars are as follows:-
GROUND ONE
The Election Tribunal erred in law in striking out the petition.
GROUND TWO
The Election Tribunal erred in law when it held:
'We pleaded facts spelt out above entirely deal with pre-election issue. In PDP v. HARUNA (supra) at p. 612 para E - F it was held that 'Nomination is a primary issue which …