JA'AFARU MIKA'ILU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the National Election and State Houses of Assembly Tribunal sitting at Calabar delivered on the 15th of July 2011 wherein the trial Tribunal struck-out the petition of the appellant challenging the validity of the election of the 1st Respondent in the election conducted by the 3rd Respondent for the House of Assembly seat for Odukpani Constituency.
The petitioner field the petition on the 18th May 2011 challenging the declaration of the 1st Respondent winner of the election conducted for the House of Assembly seat for Odukpani Constituency.
The 4th Respondent filed their reply on 14/6/11. The 2nd and 3rd respondent filed their reply on 15/6/2011 while the 1st Respondent filed his reply on 18/6/2011. The petitioners filed reply to the 1st Respondent's reply on 21/6/11. It is to be noted that the 1st Respondent brought two similar applications dated on 26/06/2011 and 06/07/2011 praying f…