This appeal is from the decision of Nkemena, J, in the High Court of the Eastern Region, striking out the election petition brought by Okon Joshua Eminue, who now complains (a) that the decision was wrong, and (b) that the costs awarded to the respondents were excessive.

The learned judge struck out the petition on the ground that the combined effect of sections 90. 98(1) and 99 of the Electoral Act, 1962, was that the election petition filed was invalid.

The petitioner omitted to deposit money for the expense of publishing the petition, as required by Section 99. He also filed his petition out of time. He has appealed to the Supreme Court.