The appellant, the 1st and 2nd respondents were among the candidates who contested the National Assembly Election for Anambra State North Senatorial District which was conducted on 28th April, 2007. The 6th respondent returned the appellant as the elected candidate at the election. The return of the appellant was challenged vide petitions filed at the Election Petition Tribunal, Awka by the 1st and 2nd respondents, respectively. The Tribunal dismissed both petitions. This prompted the 1st and 2nd respondents to initiate separate appeals at the court below.

Appeal No. CA/E/EPT/78/2008 by the 2nd respondent was heard first by the court below. On 10th February, 2009, it delivered judgment wherein the appeal was dismissed on the ground that failure to join the Presiding Officers who worked at the election was fatal to the petition. Subsequently, the same Division of the court below, partly, differently constituted, heard and delivered judgment in Appeal No. CA/E/EPT/04/2009 initiated by the 1st respondent. In the judgment handed out on 26th March, 2010, the appeal was allowed. The court below reversed the judgment of the Tribunal, set aside the return of the appellant and ordered that the 6th respondent should issue a certificate of return to the 1st respondent as the candidate elected at the said election. There emerged a seeming conflict in the two judgments of the court below.

The appellant thereafter filed two applications before the court below in quick succession. The first application sought for the setting aside of the later judgment of the Court below on ground of being a nullity. The second application required a clarification of the purport and intendment of the two conflicting judgments of the court below. On 12th May, 2010, the court below dismissed the appellant's applications.

The above scenario precipitated the appellant's appeal to this...

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