CHIEF PRINCE A. N. UKAEGBU V. CHIEF NNANNA H. UZOR IN DEPEND EN T NATI ON AL ELECTOR AL COMMISSION ELECTORAL OFFICER, ABA NORTH LOCAL GOVERNMENT ELECTORAL OFFICER, ABA SOUTH LOCAL GOVERNMENT R ETUR NING O FF IC ER , AB A FEDERAL CONSTITUENCY WARDS COLLATING OFFICERS OF WARDS 1 12 ABA NORTH LOCAL GOVERNMENT WARDS COLLATING OFFICERS OF WARDS 1 12 ABA SOUTH LOCAL GOVERNMENT

AKPIROROH, JCA (Delivering the Lead Judgment): This is an appeal against the decision of the National Assembly Governorship and Legislative House Election Petition Tribunal holding at Umuahia delivered on 9th June, 2003 striking out the petition for being incompetent.

The appellant by an election petition dated 7th May, 2003 prayed the Tribunal for an Order that he, rather than the 1st respondent was duly elected at the election in question. The 1st respondent entered a conditional appearance on 15th May, 2003 while the 2nd - 7th respondents entered conditional appearances on 21st May, 2003. On 19th May, 2003, 1st respondent filed a reply to the petition and prayed that the petition be dismissed in limine. On 23rd May, 2003 the 1st respondent filed a motion on notice praying for the striking out of the petition for being incompetent. The 2nd - 7th respondents on 26/5/2003 without filing a reply to the petition filed a motion for an order striking out the petition for being incompeten…