MOHAMMED, JCA (Delivering the Lead Ruling): On 2-5-2003, the petitioners filed their petition challenging the election and return of the 1st respondent as the President of the Federal Republic of Nigeria in the election to that office conducted by Independent National Electoral Commission on 19-4-2003. On 21-5- 2003, the petitioners filed an application in this court for leave to amend their petition and that application was heard and partly granted by this court on 5-6-2003 giving the petitioners 7 days within which to file and serve their amended petition. In compliance with that order, the petitioners filed their amended petition on 9-6-2003.
However, on being served with the amended petition, the 1st and 2nd respondents to the petition had in two separate identical motions on notice filed by their respective learned senior counsel challenged the jurisdiction of this court to entertain and or consider the petition. Similar objection was also raised in the reply to the petition …