SENATOR JOY EMORDI V. HON. ALPHONSUS UBA IGEKE HON. JESSIE BALONWU PRESIDENT, SENATE OF THE FEDERAL REPUBLIC OF NIGERIA CLERK OF THE SENATE OF THE FEDERAL REPUBLIC OF NIGERIA SENATE OF THE FEDERAL REPUBLIC OF NIGERIA INDEPENDENT NATIONAL ELECTORAL COMMISSION

FABIYI JSC (Delivering the Lead Judgment): The appeal in SC. 176/ 2010 is against the decision of the Court of Appeal, Enugu Division (‘the court below’ for short) handed out on 12 May 2010. Therein, two applications filed by the appellant were dismissed. It is apt to state briefly the relevant facts leading to this appeal. The appellant, the 1st and 2nd respondents were among the candidates who contested the NationalAssembly Election forAnambra State North Senatorial District which was conducted on 28 April 2007. The 6th respondent returned the appellant as the elected candidate at the election. The return of the appellant was challenged vide petitions filed at the Election Tribunal, Awka by the 1st and 2nd respondents, respectively. The tribunal dismissed bothpetitions. This prompted the 1st and 2nd respondents to initiate separate appeals at the court below. Appeal No. CA/E/EPT/78/2008 by the 2nd respondent was heard first by the court below. On 10 February 2009, it delivered jud…