INDEPENDENT NATIONAL ELECTORAL COMMISSION, UMUAHIA RETURNING OFFICER, GOVERNORSHIP ELECTION, ABIA STATE RESIDENT INDEPENDENT ELECTORAL COMMISSIONER FOR ABIA STATE (ELKANAH O. AKINTADE) & 34 ORS. V. CHIEF ONWUKA KALU (AKA OKPUZU) DR. KALU ORJI JOHNSON UZOR

ADEKEYE, JCA (Delivering the Leading Ruling): This is an appeal against the Ruling of the Election Petition Tribunal sitting in Port Harcourt delivered on the 13th of June, 2003. The petition was in respect of the election to the office of governor for Abia State held on the 19th of April, 2003. In the above mentioned ruling the honourable tribunal struck out the petition on a preliminary objection on the ground that the 1st respondent’s Deputy was not joined and sued together as a party to the petition by the petitioners.

Being aggrieved by the decision in the ruling, the appellant came before the election petition appeal court, Port Harcourt. It is necessary to specify the parties to this appeal as follows:-

Chief Onwuka Kalu (Aka Okpuzu) petitioner/appellant

VS

(1) Dr. Kalu Orji Johnson Uzor - 1st respondent

(2) Independent National Electoral Commission - 2nd respondent

(3) Returning officer governorship election, Abia state - 3rd respondent

(4) Chief Elkanah O. Akintade - 4th responde…