VICTOR AIMEPOMO O. OMAGE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment, described as the ruling of the National Assembly/Governorship and Legislative Houses Election Petition Tribunal which held in Nasarawa State.
The tribunal presided over the Governorship election petition in Nasarawa State in the matter between:
(1) Senator Haruna Abubakar
(2) National Democratic Party against (1) The Independent National Electoral Commission and 85 others.
In the ruling; the chairman and four members of the tribunal held as follows:
"We hereby decline jurisdiction to entertain the election petition filed on 20/5/2003. In Nigerian Leather Works Ltd. v. Noss and Umlanff Nigeria Ltd. and Another (1977) NCAR 428 at 431 Uwaifo, JCA, (as he then was) stated as follows: "the proper order to be made where jurisdiction of a court is ousted is to strike out the case."
Again in Oloriode and Ors. v. Oyebi (1984) 1 SCNLR 390; (1984) 5 SC 1 at 32. Obaseki, JSC stated as follows:…