ALL PROGRESSIVES CONGRESS V. LADY JOY NKECHI MBAWIKE & ORS

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): This is an interlocutory Appeal against the two Rulings of the National and State Houses of Assembly Election Tribunal, sitting in Owerri, in Suit (Petition) No. EPT/IM/SHA/RE/2/2016, CORAM; Hon. Justice A.G. Kwajafa (Chairman) and Hon. Justice A.O. Ayoola (member 1), delivered 11/11/16 and 14/11/16, respectively.

The first Ruling had allowed the Petitioner to amend the petition to correct clerical or typographical errors, while the 2nd Ruling adjourned all objections to the petition to be taken along with the substantive petition, considering the fact that 86 days had already been expended on the petition.

Following the re-run election of 23/7/16 and the ensuing supplementary election of 28/7/16 on the Mbano State Constituency, whereof the Appellants candidate (3rd Respondent) was declared a winner by the 2nd Respondent, 1st Respondent filed a petition at the Election Tribunal, claiming that the 3rd Respondent was not duly elec…