M. B. DONGBAN - MENSEM, J.C.A. (Delivering the Leading Judgment): On 27th day of January 2012, I pronounced the unanimous decision of this Court pursuant to section 9(8) of the Constitution of the Federal Republic of Nigeria (second alteration) Act No. 2, 2010. This appeal fell to me to write the lead judgment in which I now give the reasons for my decision in dismissing the appeal filed.
The Appellant filed this appeal against the Ruling of the National/State House of Assembly Election Tribunal Holden in Makurdi Benue State which assumed jurisdiction in the hearing and determination of the election petition of the Respondent upon an order of retrial ordered by this Court. The facts leading to this appeal as stated by the Appellant are as follows: (see Appellants brief Pg 24).
2.1 The Petitioners (now -1st and 2nd Respondents), on 29th of April, 2011 filed a Petition at the Registry of the National/State Houses of Assembly Election Tribunal Holden in Makurdi Benue State against the De…