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MUSA DATTIJO MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The Appellant contested the Election for the Igboeze South/Nsukka Federal House of Representatives seat. He did so against the Respondent. The Respondent was declared and returned the winner of the election which took place on 20th February 1999. Appellant felt aggrieved by Respondents return. Appellant accordingly filed a petition against the return at the Election petition Tribunal below.
There, the Respondent filed a preliminary objection praying the tribunal as follows;-
(a) That the proper parties to the petition are not formed and
(b) That the petitioner has not specified his right to present the petition.
The 2nd to 7th Respondents in the trial tribunal neither filed a memorandum of appearance nor reply to the Appellants Petition within the stipulated time. They sought, by a motion on notice dated 22nd of April, 1999 and filed on 23/4/99, for extention of time within which to reply to Appellants petition. When the…