CaseLaw
Udonte V. v Bassey (1999) CLR 5(b) (CA): (1999) 5 NWLR (Pt.604) 610 (CA)
Brief
Facts
The appelant, 1st respondent and three others contested for the post of chairman of Nsit Atai Local Government Akwa Ibom State in the Local Government election held on the 5th day of December, 1998.
The appellant lost the election to the 1st respondent and as a result of this the appellant filed a petition in the Local Government Election tribunal Uyo praying the tribunal among other things, to declare that the 1st respondent as not duly and/or returned.
After the petition had been filed and served but before a reply had been filed by any of the respondents, the appellant filed a motion on notice for leave, interalia, to amend his petition by inserting sub-paras (6a) and (6b) to paragraph 9of the main petition in other to show the number of vote scored by each of the candidates, and also showing the number of votes that were cancelled and substituted with lesser figures thus depriving the petitioner of 4,529 votes"
The 1st respondent opposed the application on the grounds, inter alia that the motion for the proposed was brought after the expiration of the 14 days period within which the petition could be brought. The tribunal refused the application for leave to amend the petition as it was made outside the statutory period. However before the actual hearing of the petition could commence, the first respondent brought another application pursuant to paragraph 5 (6) of schedule 5 paragraph 5(1)(c) of Decree No.36 of 1998.The tribunal heard the motion, granted same and struck out the petition on 20th January .1999.
Dissatisfied, the appellant appealed to the court of appeal.
Issues
Whether the Tribunal was right in assuming jurisdiction to hear the 1st...