SAMPSON UMANYI NWANCHO V. HON. FRANCIS NWIGBOJI ELEM INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) EMMA R. C. OZMA (CONSTITUENCY RETURNING OFFICER) EMMANUEL ENYI (COLLATION OFFICER ECHIALIKE WARD) VINCENT NWUDELE (COLLATION OFFICER ENCHIBICHIRI WARD) KERAN ONWU (COLLATION OFFICER IGBUDU WARD II) CHIEF I. O. NWAMBE LINUS EZEA (COLLATION OFFICER NOYO WARD) SAMUEL OGBOJI (COLLATION OFFICER NOUFU ALIKE WARD) D. N. CHUKWU (COLLATION OFFICER AMAINYIM A WARD)

FABIYI, JCA (Delivering the Lead Judgment): This is an appeal againstthe ruling handed out by the National Assembly/Governorship and Legislative Houses Election Tribunal holden at Abakaliki in Ebonyi State of Nigeria on 17th June, 2003. In its reserved ruling, the Tribunal struck out the petition filed by the appellant herein; petitioner thereat. At the 12th April, 2003 National Assembly Elections for Ezza South/ Ikwo Federal Constituency of Ebonyi State House of Representative seat, the appellant contested on the platform of the Peoples Democratic Party (PDP) while the 1st respondent contested under the banner of theAll Nigeria Peoples Party (ANPP). The 1st respondent was declared elected by the 2nd and 3rd respondents. The appellant felt irked and filed his petition which can be seen on pages 2 - 16 of the record of appeal.

On 11th June, 2003 the Tribunal, suo motu ordered as follows: “We ask the counsel for the petitioner to address us on the competence or competency of this pet…