AFIA & ANOR.
V.
CHARLIE & ORS.
UZO I. NDUKWE-ANYANWU, JCA (Delivering the Leading Judgment): This is on appeal against the judgment of the Tribunal holding at Uyo Akwa Ibom delivered on the 16th August, 2011. The Appellant was the Petitioner at the Tribunal. The 1st Respondent contested with the 1st Appellant for the Onna State Constituency. The 1st Respondent was returned as the winner of the election held on 26th April, 2011.
Being dissatisfied, the Appellant as petitioner presented his petition on 18th May, 2011 challenging the return of the 1st Respondent.
The learned counsel to the 1st and 2nd Respondents filed a notice of Preliminary objection on 27th July, 2011. The preliminary objection was that
1. " the petition was incompetent having been filed outside the period stipulated the by S. 134(1) of Electoral of Act 2010 ( as amended).
2. that this Hon. Tribunal lacks jurisdiction to entertain the petition serve having been filed in contravention of S. 84 (1) of the Electoral Act 2010 (as amended)."
In a consi…