HON. CHUDI OFFODILE V. CHIEF O. C. EGWUATU & ORS

ADEKEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the National Assembly Election Tribunal, Awka made on 14th July, 2004 wherein the tribunal dismissed the appellant's motion for an order to allow him to give evidence, call witnesses and recall witnesses of other parties for cross-examination in the consolidated petitions No. EPT/AN/NA/5/2003 and EPT/ AN/NA/1/2003 the appellant was the 5th respondent before the tribunal in EPT/AN/NA/5/2003. In the course of the proceedings the appellant secured an order at the Federal High Court, Enugu prohibiting the tribunal from continuing the hearing and determination of the petition suit No. EPT/AN/NA/5/2003. The tribunal, as a court of concurrent jurisdiction set aside the order of prohibition made by the Federal High Court as a nullity. The tribunal thereafter continued hearing and determination of the consolidated petition. The appellant was in court when the tribunal made this order. He made no move t…