NZEAKO, J.C.A. (Delivering the Leading Judgment): The 1st appellant was a candidate of the 2nd appellant, the All Nigeria Peoples Party (ANPP) at a senatorial election which took place for the Taraba State Central senatorial seat on 12th April, 2003. The 1st respondent also contested the election on the platform of the Peoples Democratic Party, (PDP) and was declared elected. The appellants, on 15th May, 2003 filed a petition at the Election Tribunal. This was struck out in limine on the ground of failure to join necessary parties. On appeal, the Court of Appeal set aside the Tribunal's decision striking out the petition. It ordered the petition to be remitted for hearing on its merit by another Tribunal.
The new Tribunal heard the petition and on 28/5/2004, dismissed it. Aggrieved, the petitioners/appellants have appealed to this court again.
Parties to this appeal as required by the Rules of court, have filed and exchanged briefs of argument.
The appellants' brief filed out of ti…