On the 17tn day of November, 2011 this court heard this appeal at the conclusion of which the court delivered an on the bench judgment in which the appeal was struck out for want of jurisdiction with a promise to give reasons for the judgment today, the 16th day of December, 2011.

Below are the reasons for the decision earlier delivered.

This is an appeal against the ruling of the Court of Appeal, Holden at Enugu in appeal no. CA/E/EPT/5/2010 delivered on the 14th day of June, 2011 in which the court refused to set aside its judgment delivered on 24tn February, 2011 affirming the decision of the Anambra State Governorship and Legislative Houses Election Tribunal on petition no. EPT/G/AN/1/2010.

On the 6th day of February, 2010 the governorship election of Anambra State was held at the conclusion of which the 1st respondent MR. PETER OBI, was returned elected and sworn into office as Governor of Anambra State. Appellant was not satisfied with the return of 1st respondent and consequently filed an election petition at the Anambra State Governorship Election Petition Tribunal, Holden at Awka, Anambra State. At the conclusion of the trial, the tribunal upheld the election and return of the 1st and 2nd respondents and dismissed the petition.

Being dissatisfied with that decision, appellant appealed against same to the Court of Appeal, Holden at Enugu in appeal No.CA/E/EPT/5/2010 which appeal was found to be without merit and consequently dismissed in the judgment of the court delivered on 24th February, 2011. Appellant filed no appeal to the Supreme Court against the decision of the Court of Appeal rendered on 24th February, 2011, granted that this court has the jurisdiction to entertain same following the amendment to the constitution of the Federal Republic of Nigeria, 1999 (herein after referred to as the 1999 Constitution, as amended) as now contended by learned counsel for the appellant. Instead of an appeal, appellant filed a motion on notice at the Court of Appeal on the 15th day of March, 2011 praying the court to set aside its judgment of 24th February, 2011 on grounds, inter alia, that the same is null and void which application was dismissed by the court in its ruling of 14th June, 2011. The instant appeal is against that decision.