GEORGE OLADEINDE SHOREMI, J.C.A.: When the appeal came for hearing on 12/9/2011 and after the adoption of their briefs by parties and arguments canvassed by the parties Respective Counsel this court allowed the appeal and remitted the petition to the lower Tribunal for the petitions to be heard on merit.
The reasons for doing so are hereby set out:
The background of the appeal is that the 1st Appellant was the candidate of the 2nd Appellant who contested election to the Senate to represent Delta Central Senatorial District at the election which took place on the 9th of April, 2011 in Delta State.
The 1st Respondent was the candidate of the 2nd Respondent party and he was declared as the winner of the said election by the 3rd Respondent and duly returned as such.
Being dissatisfied with the said declaration and return, the Appellants filed an election petition before the appropriate tribunal in Asaba. Upon being served with the petition, the Respondents filed their various replies afte…