TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): The Governorship and Legislative Houses Election Tribunal (henceforth referred to as the lower Tribunal) in a Ruling delivered on 16th day of August, 2007 dismissed a petition filed by the petitioner on 14th of May, 2007 challenging the return of the 1st Respondent, as a member representing Oru East Constituency in the Imo State House of Assembly.
The Tribunal on the said date held thus:
"On the whole, the Petitioner having failed to bring an application in accordance with paragraph 3(1) of the Practice Directions, this petition is deemed abandoned by virtue of para 3(4) thereof and ought to be dismissed. Accordingly, petition is hereby dismissed."
Dissatisfied with this ruling, the petitioner filed a Notice of Appeal which initially carried four grounds of appeal and with the leave of this Court, the 5th ground was filed on the 11th of December, 2007 from which he distilled four issues for determination. Devoid of their par…