GOZIE AGBAKOBA V. HON. LYNDA IKPEAZU INDEPENDENT NATIONAL ELECTORAL COMM ISSION RESIDENT ELECTORAL COMMISSIONER, ANAM BRA STATE RETURNING OFFICER, ONITSHA NORTH RETURNING OFFICER, ONITSHA SOUTH MRS. JESSIE BALONWU

OGUNBIYI JCA (Delivering the Lead Judgment): This is an appeal against the decision of the National Assembly/Governorship and Legislative Houses Election Petition Tribunal as contained in the ruling of G. M. Nabaruma J., Chairman, I. I. Agube J., member, J. B. K. Aladejama J., member, P. A. Onamade J., member and A. I. Maru, member, delivered on 3rd June, 2003, wherein the chairman and the said members of the Tribunal dismissed the appellant’s application seeking an order striking out the 1st respondent’s petition on grounds of non-compliance with the provisions of the First Schedule to the Electoral Act, 2002. In its considered ruling, the Tribunal stated that the irregularities complained of in the petition did not directly affect the officials of the 2nd respondent and thus their non-inclusion as parties was not therefore fatal to the petition. Being dissatisfied with the said ruling, the appellant has initiated this appeal by notice and grounds of appeal dated 2nd July, 2003, wh…