This is an appeal against the decision of the Court of Appeal, Owerri Division, which set aside the judgment of the Court of Appeal, Port Harcourt Division. In that judgment Eko, JCA in the lead judgment found for the appellants in that court, as follows:

"Even from the gross results (sic) That is the raw total votes with the tainted votes the 1st appellant had majority of the votes from the 7 wards. The appellants proved the reliefs they sought at the tribunal. The appeal is allowed in part. The decision of the tribunal affirming the declaration or return of the 1st respondent as the winner with the majority of lawful votes is hereby set aside. In its stead, it is hereby declared that the 1st appellant ought to be returned and he is hereby declared as the person with the majority of lawful votes from the election to the Abia State House of Assembly conducted on 14th April, 2007 in Bende North State Constituency of Abia State."

By virtue of the provision of section 246(3) of the Constitution of the Federal Republic of Nigeria, the judgment was supposed to be the final judgment, being an electoral dispute. That judgment was the final judgment as far as electoral complaints in respect of the subject matter in the suit was concerned. The 1st respondent however being dissatisfied with the judgment of the Port Harcourt Division of the court delivered on 27th of January, 2009, went back to court and on 25th February, 2009 filed an application praying the court to wholly set aside the said judgment. The Court of Appeal, Owerri Division heard and granted the application and set aside the judgment of 27/1/2009, even though the appellants in this appeal, who were the respondents in the application had contended that the Court of Appeal, Owerri Division had no jurisdiction. Aggrieved by the..