OBONG NSIMA UMOH & ANOR V. HON. ITA SOLOMON JAMES ENANG & ORS

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the National and State Houses of Assembly Elections Tribunal sitting at Uyo, Akwa Ibom State (to be called the tribunal after now) delivered on the 20/2/2012 by which it suo motu, declined jurisdiction to continue the trial of the Appellants' petition remitted by this court for trial de novo. The tribunal relied for its decision, on the judgment in the consolidated appeals No. SC 1/2012 and SC 2/2012; ANPP V. ALH. MOHAMMED GONI and ORS., delivered on the 17/2/2012 by the Supreme Court. The Appellants were aggrieved by the decision of the tribunal and so a notice of appeal containing two (2) grounds of appeal was filed against it on the 23/2/12. Mr. William Ballantyne, learned counsel for the Appellant had raised two (2) issues which he said arise for decision in the appeal. They are thus:

(a) Whether in view of sections 233, 243 and 246 of the 1999 Constitution as amended, the Court …