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CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appellants as petitioners at the Tribunal filed a petition on the 17th day of May, 2011 against the declaration and return of the 1st Respondent herein as member representing Gwer East/Gwer West Federal Constituency in the election that took place on the 26th day of April, 2011.
The parties exchanged pleadings and the 1st Respondent in her reply gave a notice of preliminary objection to the competence of the petition by a motion on notice filed on 11/7/2011, prayed the Tribunal to strike out the name of the 1st Respondent and the entire petition. The ruling was adjourned to 10/9/11, on that date the Tribunal suo motu raised the issue of service of the petition and called on counsel on both sides to address it on the propriety or otherwise of the service of the petition on the 4th 105th Respondents, consequently, the Rulings were further adjourned to 14/9/11 when the Tribunal delivered its Ruling and dismissed the petitio…