MR. SIMON ISA ACTION CONGRESS OF NIGERIA (ACN) V. ALHAJI SA’AD TAHIR INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

MBABA JCA (Delivering the Lead Judgment): We had earlier given our decision, dismissing this appeal on 24 August 2011 and reserved the reasons therefore to a future date. The reasons are hereby given. This is an appeal against the interlocutory ruling of the National Assembly and Legislative House Election Tribunal, holden atYola, in petition No. EPT/ADS/HA/2/2011, delivered on 23 June 2011, per Hon. Justice C.

Ohakwe - Chairman, Hon. JusticeA.E. Archibong - member, and Hon. Justice C. H. Ahuchagu member.

The appellants, who were 1st and 2nd respondents, at the lower tribunal in the petition of the 1st respondent (petitioner at the lower tribunal)had filed a motion dated 13 June 2011 at the lower tribunal, praying for an order:

“Striking outand or dismissing the petitioner’s petition in petition No. EPT/ADS/HA/2/11 between Alhaji Sa’ad Tahir and Mr.

Simon Isa and 2 Ors., dated and filed on 16 May 2011.

An order setting aside the petitioner’s application for a pre- hearing notice, dated 8…