IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the National Assembly Election Tribunal holden at Owerri, Imo State delivered on 18/9/07. The lower tribunal had by the ruling in question dismissed the Appellant's petition (EPT/NA/IM/24/2007 in limine, on the ground that it was incompetent.
It is common knowledge that on 21/4/07 elections were held by the 2nd - 8th Respondents in respect of the Ahiazu/Ezinihitte-Mbaise Federal Constituency. The Appellant, 1st Respondent and one Paul Opara contested the election on the platforms of the All Progressive Grand Alliance (APGA), the Peoples Democratic Party and All Nigerian Peoples Party, respectively. At the conclusion of the said election, the 1st Respondent was declared and accordingly returned, as the winner, having allegedly scored a total majority of 24,649 votes. Both the Appellant and Paul Opara were recorded to have scored 5607 and 4031 votes respectively. The Appella…