MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): On 17th day of October, 2011, this Honourable Court allowed the appeal of Chief Achike Udenwa and the Action Congress in Appeal No. CA/OW/EPT/27/2011 and ordered that the Appellants petition be remitted back to the Tribunal for trial on the merit by a panel other than the panel that heard and determined the matter.
Going back before the National Assembly Election Tribunal holden at Owerri, counsel to the parties filed three separate motions.
Mr. L.M. Alozie, of counsel to the 2nd Respondent filed a motion dated 7/11/2011 but filed on 9/11/2011 praying the Tribunal to strike out the petition for want of jurisdiction. A similar application dated and filed on 17/11/2011 was brought to the tribunal by the 1st Respondent that is Chief Hope Uzodinma. The grounds in respect of the two separate applications are that Section 285 (6) of the 1999 Constitution limits the time for hearing an election petition to 180 days from the d…