CHIEF ACHIKE UDENWA & ACTION CONGRESS OF NIGERIA (ACN) V. CHIEF HOPE UZODINMA & INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

ARIWOOLA JSC (Delivering the Lead Judgment): This is an appeal against the decision of the Court of Appeal sitting at Owerri, Imo State given on 22 March 2012 dismissing the appeal of the appellants against the ruling of the National and State Houses of Assembly Election Petitions Tribunal which was delivered on 23 January 2012 wherein the petition of the appellants filed on 1 May 2011 was struck out.

Sometime on 9 April 2011, the 2nd respondent herein conducted elections into the Senate of the Federal Republic of Nigeria, in particular, for Imo West Senatorial District Constituency. The 1st appellant contested on the platform of the 2nd appellant while the 1st respondent was the candidate of the Peoples’ Democratic Party in the said election. The 1st respondent was declared the winner of the said election by the 2nd respondent who accordingly issued him with certificate of return.

The appellants were dissatisfied with the declaration by the 2nd respondent hence they went before the…