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MOJEED ADEKUNLE OWOADE, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the Ruling of the Election petition Tribunal Owerri, presided over by Hon; Justice Umeokoyo E. Essang (Chairman), Hon. Justice A. M. Yakubu and Hon. Justice A. O. Salihu (members) delivered on 26th September, 2011.
On Monday 15th August 2011, the petition came up at the Tribunal for hearing of the application and commencement of the pre-hearing session. The Petitioner (now Appellant) and his counsel were absent at the Tribunal without any letter or information explaining their absence. The 1st and 2nd Respondents counsel were both at the Tribunal and both applied for the dismissal of the petition. The Tribunal invoked the provisions of paragraph 18 (11) (a) of the First schedule to the Electoral Act, 2010 as amended and dismissed the petition. The petitioner (now Appellant) filed a motion on 19/8/2011 seeking to set aside the order of the Tribunal made on 15/8/2011 dismissing the petition and …