This appeal emanated from the decision of the Court of Appeal Benin delivered on the 20th of April, 2009. By that decision, the Court of Appeal set aside the judgment of the High Court of Justice Edo State, Benin Judicial Division and allowed the appeal of the 1st Respondent in this appeal. The Appellant before this Court obtained the leave of the High Court which was granted on the 22nd of September. 2008 to file an originating motion on notice on the 3rd of October, 2008 to ask the Court:

The certiorari proceeding was heard by Okungbowa J. of the Benin High Court. In the reserved judgment of the High Court delivered on the 23rd of January 2009, it was held that both the trial Tribunal and the Appeal Tribunal had no jurisdiction to hear and determine the claim of the 1st Respondent as petitioner. The High Court found that the 1st Respondent's complaint bothered on pre¬-election matters. Consequently, the High Court quashed the proceedings and the judgment of the trial Tribunal in petition No. ELGEP/02/08 and the proceedings and judgment of the Appeal Tribunal in LGEA1702/08.

I consider it utterly necessary to recapitulate the background facts of this case which prompted the procedure of invoking a prerogative writ in a regular Court to quash proceedings and judgment before on Election Tribunal and on Election Appeal Tribunal.

The Local Government Election was held in Edo State on the 16th of December, 2007. The Appellant Hon. Ehioze Egbarevba was declared the winner of the election to the Office of the Chairman, Egor Local Government Council of Edo State. The 2nd Respondent, Edo State Independent Electoral Commission issued to him the Certificate of Return as the duly elected Chairman of Egor Local Government Council. The 1st Respondent, Hon. Crosby Osadolor Eribo on the 14th of January 2008 filed an Election Petition Suit No. ELGEP/02/08 at the Local Government Council Election Tribunal Benin against the Appellant, his political party, People's Democratic Party, Edo State Independent Electoral Commission and three others. The Local Government Election Petition was constituted by the 8th - 12th Respondents. His grouse was that he was the validly nominated but unlawfully excluded candidate of the People's Democratic Party in the election to the Office of the Chairman Egor Local Government, Edo State.

In a judgment delivered on the 16th of April 2008, the Tribunal declared his petition incompetent and dismissed it. Being aggrieved by that decision, the 1st Respondent filed an appeal to the High Court of Edo State sitting as Edo State Local Government Election Appeal Tribunal. In the judgment of the Appeal Tribunal delivered on the 1st of August 2008, the judgment of the Election Tribunal was upturned. The consequential order of the Appeal Tribunal was that the Edo State Independent Electoral Commission should withdraw the certificate of return issued to the Appellant and that the 1st Respondent be issued with a fresh Certificate of Return as duly elected Chairman of Egor Local Government Council. Since the appeal to the Local Government Tribunal is final - this prompted the Appellant to seek redress of the High Court of Edo State in the form of a prerogative order of certiorari to quash the proceedings and judgments of both the Local Government Election Tribunal and that of the Local Government Appeals Tribunal.