UWA JCA (Delivering the Lead Judgment): This appeal is as a result of the ruling of the National and States Houses of Assembly Election Tribunal, Ibadan, Oyo State, in the decision of Honourable Justice F.C. Nwizu (Chairman) who sat alone on 26 September 2011 at Ibadan. The ruling arose out of an application by the 1st and 2nd respondents for the dismissal of the petition on the ground that it was before a tribunal unknown to the Constitution. The 1st and 2nd petitioners, now appellants, had filed a motion to amend only the headings of the originating and other processes in this case.
On 21 September 2011, the chairman of the tribunal sat alone and heard the application for dismissal of the petition and ruled that: The application to amend was an abuse of court process in view of the earlier decision of the court of appeal delivered on 12 September 2011 in this matter.
The petition was defective as it was filed before a tribunal unknown to law and struck out same. The appellants as pe…