DR. WAKIL CHIBOK (PEOPLE DEMOCRATIC PARTY) V. PETER BIYE GUMTHA & ORS

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the interlocutory decision of the National and State Houses of Assembly Election Tribunal for Borno State (herein referred to as the "tribunal", sitting in Abuja in Petition No. BO/EPT/NA/HR/1/2011 delivered on the 7th day of October, 2011.

The brief facts of the case are that the 1st Appellant was sponsored by the 2nd Appellant and contested in the election to the House of Representatives for Chibok/Damboa/Gwoza Federal Constituency held on the 9th day of April, 2011.

The 1st Respondent was candidate of the 2nd respondent in the said election and was declared and returned as winner of the election by the 3rd Respondent who conducted the election.

Dissatisfied with the result of the election, the Appellants on the 29th day of April, 2011 filed a Petition challenging the result of the election and seeking the relief set out in the Petition.

The 1st and 3rd Respondent filed their reply to the Petiti…