TSAMIYA JCA (Delivering the Lead Judgment): This is an appeal against the decision of the National Assembly Election Tribunal sitting in Awka, Anambra State, delivered on 3 March 2008 in suit No. EPT/AN/ NEHR/19/2007.
The facts of the case for the appellant briefly are that, the appellant was sponsored by the Peoples’ Democratic Party (PDP) (the 5th respondent in this appeal) to contest the election. That the election in the Federal Constituency Nnewi North/Nnewi South Ekwusigo scheduled for 21 April 2007, did not take place on the scheduled day because of obstruction on the distribution of election materials, threats of violence against INEC Officials and disruption of the conduct of the election. As a result of these unforeseen circumstances, the election of 21 April 2007 was postponed to 22 April 2007 by INEC and the postponement from 21April 2007 was communicated to the entire Federal Constituency through the National Orientation Agency , the use of town criers, public address sy…