HON. INNOCENT IKEAKOR V. BARRISTER VAL. ELOSIUBA & ORS

GALADIMA, J.C.A. (Delivering the Leading Judgment): In the Gubernatorial and State House of Assembly Election held on the 9th day of January 1999, the petitioner now the Appellant and the 1st Respondent contested the said election for membership of the Anambra State House of Assembly for Onitsha South Constituency II, under the platforms of the Peoples Democratic party (PDP) and the All Peoples Party (APP) respectively. At the end of the polls, the 1st respondent was declared the winner of the election. Dissatisfied with the result, the petitioner filed his petition challenging the return of the 1st respondent. All the Respondents filed a conditional memorandum of appearance. Meanwhile 1st Respondent filed on the 4/3/99 a motion praying the Tribunal for an order striking out the Petition for non-compliance with the mandatory requirements of the State Government (Basic Constitutional and Transitional Provisions) Decree of 1999, and Schedule 6 thereto. On the 8/3/99 the 2nd to 5th respo…