LABOUR PARTY V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS.

JOHN INYANG OKORO. J.C.A, (Delivering the Leading Judgment): The Appellant as Petitioner filed the petition giving birth to this appeal on 28th April, 2011 on the ground of unlawful exclusion from participation in the Lagos Central Senatorial Election of 9th April, 2011. On 5th September, 2011, the National Assembly Election Petition Tribunal, Lagos dismissed the Petition on the ground that the petitioner applied for pre-hearing notice by way of a letter written to the Tribunal instead of a motion. The Appellant appealed against the said decision to the Court of Appeal.

On 1st November, 2011, the Court of Appeal Lagos, allowed the appeal and ordered that the Petition be remitted back to be tried on the merit before another Election Petition Tribunal to be reconstituted by the president of the Court of Appeal. Following the order of the Court of Appeal, another National Assembly Election Petition Tribunal, Lagos was reconstituted and the panel commenced de novo, the hearing of the Peti…