PRINCE COLLINS ESELEMO V. HON. SOLOMON FUNKEKEME IND EP EN DENT N ATIO NAL ELEC TO RAL COMMISSION (INEC) ALHAJI SHEHU AWWAL BABAYO THE RESIDENT ELECTORAL COMM. IND. NAT. ELECT. COMM., ASABA M R. WILLY BOZIMO (RETURNING) OFFICER, DELTA STATE HOUSE OF ASSEM BLY, BURUTU SOUTH CONSTITUENCY) MR. OBRUMU (ELECTORAL OFFICER, BURUTU LOCAL GOVERNMENT AREA, BURUTU). M R . JACO BOKOM EJAMORO ELECTORAL OFFICER , UGHELLI NORTH LOCAL GOVERNMENT AREA, UGHELLI.

MUHAMMAD, JCA (Delivering the Lead Judgment): This is an appeal against the decision of the National Assembly, Governorship and Legislative Houses Election Tribunal, Delta State holden at Asaba, where the Tribunal refused to relist the appellant’s petition, which it had earlier struck out for want of diligent prosecution. The facts leading to this appeal are: The appellant and the 1st respondent, among others, contested for the Delta State House of Assembly seat for Burutu South Constituency. The 1st respondent was returned as the winner. The appellant was not happy with the declaration. He therefore presented a petition before the National Assembly, Governorship and Legislative Houses Election Tribunal, Delta State challenging the result of the election and praying the Tribunal to order a fresh election into the Burutu South Constituency of Delta State. The 2nd to 6th respondents were served normally and without any difficulty. However the 1st respondent had to be served through su…