NDU V. ONUAGULUCHI

M.D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of the National Assembly Election Tribunal Enugu given on 3rd May, 1999. The Appellant had by motion dated the same day prayed the tribunal to strike out the petition of the 1 st Respondent. The 1st Respondent was the petitioner in the tribunal below. His petition, was said by the Appellant, who was then the 1st Respondent in the tribunal below, to be fundamentally defective and incurably bad.

The facts of the case from which this appeal arose are as follows:- The Appellant in this appeal was the successful candidate in the Enugu West Senatorial District Election held on 20th February, 1999. He contested the Election on the platform of the All Peoples Party. The 1st Respondent before us was the defeated candidate of the Peoples Democratic Party in the same Election. 1st Respondent felt aggrieved by Appellant's return in the election and sought to challenge same by way of a peti…