This appeal has arisen from the decision of the Court of Appeal Enugu Judicial Division, sitting as Election Appeal Tribunal of Anambra State holden at Awka in which the appellant as the petitioner has prayed for the following reliefs:
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1
An order disqualifying the candidature of the 1st respondent as candidate for the April 9th election into Anambra-North Senatorial District as not having been sponsored by any political party (underlining supplied for emphasis).
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2
An order returning the petitioner as the elected candidate in the April 9th Senatorial Election having polled the majority of lawful votes cast at the said election.
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3
An order directing the 3rd respondent to issue Certificate of Return to the petitioner being the winner of the said election."
The appellant has lost in both the two lower courts and has now appealed to this court and has maintained the same case here as in the lower courts.
The tribunal in its Ruling delivered on 29th June 2011 has held as follows:
"Having reached a finding:-
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1
That this tribunal lacks jurisdiction to entertain this petition as it is predicated on pre-election issues, and
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2
That the petitioner has no locus standi to present and maintain this petition, the preliminary objection succeeds and we accordingly order that this petition be and is hereby struck out."
In the same vein the lower court in its judgment delivered on 19/8/2011 has come to this important conclusion in affirming the decision of the trial Tribunal in these words:
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"In the instant case, there was no final and subsisting judgment of a court in favour of the appellant but an ex parte order meant to last momentarily pending the determination of the substantive application.
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The subsequent order of the Federal High Court, Awka made on 25/3/2011 urged parties to maintain the status quo until the matter is disposed of. There is nothing before this court to show that the matter has been disposed of on the merit meaning that it is perhaps still pending (underlining supplied). The issue in contention thus remains a pre-election matter. The appellant is free to proceed with the matter at the Federal High Court including perhaps contempt proceedings for a breach of the exparte order where it is found necessary but not in an Election Petition Tribunal. In the circumstances I hold that the trial tribunal was right in finding that it lacks jurisdiction to entertain the appellant's petition because it is predicted on pre-election issues.
Whether the court below was right in holding as it had done that the petition of the appellant was...
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