KUTIGI, JSC (Delivering the Leading Judgment): This is yet another interlocutory appeal against the decision of the Presidential Election Petition Tribunal (hereinafter referred to as the tribunal) delivered on 17th July, 2003 refusing to strike out the petition and or its various paragraphs as demanded by the motions, applications and or notices of preliminary objection filed by some of the respondents in the petition.
I shall therefore, in this judgment be brief and straight to the points necessary for the disposal of the relevant issues in the appeal without attempting to prejudge any point or issue yet to be tried or decided by the tribunal (see for example Egbe v. Enogun (1972) 1 All NLR (Pt. 1) 95; Sylvanus Mortune v. Alhaji Muh. Gambo (1979) 3 - 4 SC 54.
The tribunal decided to hear all the motions, applications and objections together. And in a reserved and well considered ruling the tribunal in the lead ruling of Mahmud Mohammed, JCA (which was concurred by all the other 4 Ju…