SOMTO UDEZE & ANOR V. PRINCESS CHINWE C. NWAEBILI & ORS

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of the National and State Houses of Assembly Election Tribunal sitting in Awka and delivered on the 8th day of September, 2011 in PETITION No. EPT/AN/HA/18/2011 wherein the Tribunal hereinafter referred to as (the Trial tribunal) dismissed the Petition of the present Appellant as an abandoned petition for his failure to apply for the issuance of pre-hearing Notice as stipulated under paragraph 18 (1) of the 1st Schedule to the Electoral Act 2010 as amended.

The 1st appellant was a candidate sponsored by the 2nd Appellant Peoples Democratic Party (PDP) at the House of Assembly Election for Ogbaru II State Constituency, Anambra State, held on 26th April, 2011 and 6th May 2011. The 1st Respondent on the other hand was the candidate sponsored by the All Progressives Grand Alliance (APGA) in the said election and was declared winner and returned as elected by the 2nd Respondent.

The App…