<p>JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Ruling ): As can be garnered in the Ruling of the lower court handed out on 16th day of December 2004, the learned judge of the Court below -Ayenrieye, J, dismissed the preliminary objection raised against the jurisdiction of the lower court to entertain an appeal which emanated from a decision of the Bayelsa State Local Government Election Tribunal. The Appellant/Respondent herein felt unhappy with the stand point of the court below and has appeal to this court vide the Notice of Appeal dated and filed on 29th December, 2004.</p><p> On 17th March, 2005, the Solicitor of the 1st Respondent/Applicant herein filed a Motion on Notice in which he prayed for an order striking out this appeal, in limine, as it were. The grounds for the application were stated as follows: &quot;(i) The Notice of Appeal in this Appeal is not competent.</p><p> (ii) The Notice of Appeal in this appeal purports to challenge the Ruling of the High Court of Bayelsa State in respect…</p>