NNAEMEKA IKECHUKWU ORIZU V. ALPHONSUS OKEY UZOEGWU & ORS

UBAEZONU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Anambra State House of Assembly Election Tribunal delivered on 12/3/99 striking out the petition of the appellant. The appellant filed his appeal on 19/3/99, and thereafter filed his brief of argument through his counsel. Three issues were formulated in the brief viz:

"1. Whether qualification is a pre-election matter and therefore cannot be a ground for questioning an election petition.

2. Whether the absence of an attestation clause made the petition to substantially deviate from Form, TF.002 in the State Government (Basic Constitutional and Transitional Provisions) Decree No.3 of 1999.

3. Whether the respondents could validly raise a preliminary objection after taking steps in the proceedings."

His first issue in this appeal which deals with qualification becomes a non issue since the case did not go into a trial and therefore no evidence was led as regards the qualification of the 1st …