DR. (SIR) UCHE EZELIORA & ANOR V. TONY ONE WEEK MUONAGOR & ORS

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling delivered on 19/9/2011 by the National and State Houses of Assembly Election Tribunal, Awka Anambra State, (hereafter simply referred to as "the Tribunal") dismissing Petition No. EPT/AN/HA/45/2011: as an abandoned Petition. This was sequel to the finding by the Tribunal that the Petitioners' motion on notice by which they prayed the Tribunal for the issuance of pre-hearing notice lacked merit.

The Appellants as Petitioners instituted Petition No. EPT/AN/HA/45/2011 (hereafter simply referred to as "the Petition") on 17/5/2011 before the Tribunal challenging the declaration and return of the 1st Respondent as the winner of the Anambra State House of Assembly election for Idemili North Constituency held on 26/4/2011. The 1st Appellant contested the questioned election on the platform of the 2nd Appellant; while the 1st Respondent contested the said election on the platform 2nd Re…