MR. ODEY OYAMA ALL PROGRESSIVES CONGRESS (APC) V. ENGR. CHRISTOPHER NGORO AGIBE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) ENGR. STANISLAUS TAWO AFU PEOPLES’ DEMOCRATIC PARTY (PDP) LABOUR PARTY (LP)

OTISI JCA (Delivering the Lead Judgment): This is an appeal bythe appellants against the ruling of the National and State Houses of Assembly Election Petition Tribunal, Calabar, Cross River State in EPT/ CR/NA/11/2015 delivered on 10 August 2015. The tribunal had, upon hearing arguments in a motion filed by the 4th respondent on 16 June 2015 but moved on 7 August 2015, dismissed the petitionfor abandonment, the appellants having failed to file the pre-hearing notice within the time required by law. Dissatisfied with the ruling, the appellants have initiated this appeal by a notice of the appeal filed on 20 August 2015, upon five grounds of appeal. The parties exchanged briefs of argument, which were adoptedon 21 September 2015 by E.E. Osim Esq., learned counsel for the appellant; Nta A. Nta, Esq., learned counsel for the 1st respondent; Mrs. D.O. Nduanusi, learned counsel for the 2nd respondent and Julius Idiege Esq., learned counsel for the 4th respondent. The 3rd and 5th responden…