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OMOKRI, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the ruling of the Election Petition Tribunal sitting in Uyo, Akwa lbom State delivered on the 26/7/07 as a final decision.
The tribunal struck out the petition of the appellant on the grounds that the appellant was not a candidate at the election held on the 28/04/07 and so lacked the locus standi to present the petition.
The brief facts of the case are that the appellant in December, 2006 won the primaries election of the Peoples Democratic Party (PDP) to contest the election into the House of Representatives in the Uyo Federal Constituency of Akwa Ibom State. His name was accordingly submitted to the Independent National Electoral Commission (hereinafter called INEC), the 2nd respondent in this appeal, vide a letter dated 21/12/06. In February, 2007, 1st respondent was substituted for the appellant as the candidate at the election. The appellant challenged the substitution pursuant to section 34(2) of the…