HON. MOHAMMED SALEH & ORS V. GARBA DATTI MUHAMMAD & ANOR

GARBA JCA (Delivering the Lead Judgment): By an order of thecourt made on 31 March 2008, the above appeals, which arose from the interlocutory and the final decisions of the National Assembly Election Tribunal, Kaduna State in election petition No. EPT/KD/NA/022/2007, were consolidated and eventually heard on 2 March 2010. The election tribunal would henceforth be called the lower tribunal. Appeals No. CA/K/EP/NA/24/2007 and CA/K/EP/NA/31/07 are interlocutory appeals against decisions contained in rulings granting leave to amend the petition and enlarging time for the filing of INEC forms EC8A(11) respectively. The two (2) appeals given the same No. CA/K/EP/NA/05/07 are against the final decision of the lower tribunal. The first in time was the one filed on 27 December 2007 by the 1st and 2nd respondents in the petition while the petitioners, also dissatisfied with some aspect of the decision, filed the 2nd appeal on 3 January 2008 against same. In line with the requirement of pract…