DR. MRS. MARIAN NNEAMAKA COMFORT ALI & ANOR. V. SENATOR PATRICK ENEBILI OSAKWE & ORS.

HELEN MORONKEJI OGUNWUMIJU, J.C.A, (Delivering the Leading Judgment): This is an appeal against the ruling of the Governorship and Legislative Houses Election Petition Tribunal sitting at Asaba, Delta State delivered on Thursday 6th September 2007 wherein the Tribunal granted the Respondents' motion to dismiss the petition and refused the Petitioners' motion for enlargement of time within which the Petitioners may apply for the issuance of pre hearing notice.

The facts leading to this appeal are as follows:

The Petitioners Dr. Mrs Marian Nneamaka Comfort Ali and the Peoples Democratic Party filed a petition dated 26/5/07 the same day, They are the Appellants in this appeal. The Petition was against (1) Senator Patrick Enebili Osakwe (2) Accord Party (3) INEC They are the Respondents in this appeal.

The Petitioners at the Election Petition Tribunal claimed sundry reliefs principal of which is a declaration that the 1st Respondent was not properly and/or not validly nominated by the 2nd…