MOHAMMED LADAN TSAMIYA JCA, (Delivering the Leading Judgment): This is an appeal against the ruling of the National/State House of Assembly Election Tribunal for Benue State (herein referred to as the 'tribunal' delivered on 13/10/2011 striking out the petition of the petitioners, (herein referred to as the appellants), in favour of the respondents. The ruling appealed against is at pages 611-625 of the record of appeal (herein referred to as the records).
The summary of the facts leading to this appeal is that election was conducted by the 3rd respondent into the Buruku State Constituency for membership of the Benue State House of Assembly on 26/04/2011. At the end of the election the 3rd respondent declared the 1st respondent as the winner of the election.
Dissatisfied with the declaration and return of the 1st respondents, the appellants filed a petition challenging the results of the said election which was declared on 27/04/2011. The grounds of the petition are as follows:-