SAULAWA JCA (Delivering the Lead Judgment): The instant appeal is a fallout of the ruling of the National Assembly/Legislative House Election Petition Tribunal, holden at Lagos, which was delivered on September 30, 2011 in petition No. NA/LEGH/EPT/L/5/2011. By the said ruling, the lower tribunal dismissed the appellant’s petition on the ground that it was incompetent.
Facts and circumstances leading to the appeal:
On 29 April 2011, the appellant filed in the lower tribunal’s registry, a 16 paragraphed petition claiming, inter alia, to have participated in 9 April 2011 senatorial election for Lagos West Senatorial Constituency under the platform of the Peoples’ Democratic Party (PDP). That the respondent, who equally participated in the election under the platform of the Action Congress of Nigeria (ACN) was declared and returned by the 1st respondent as having won the election, with a total of 503,786 votes. The appellant allegedly scored a total of 234,679 votes. The petition was p…