ISA AYO SALAMI, J.C.A.: (Delivering the Leading Judgment): This is an appeal from the Local Government Council Election Tribunal of Delta State sitting at Asaba.
As a result of elections conducted into various local government councils throughout the country on 5th December, 1998, the 3rd to 5th respondents returned first and second respondents respectively as chairman and vice chairman of Warri North Local Government.
The first and second appellants who contested the election on the platform of All Peoples Party were unhappy with the declaration of the result and presented a petition to the Local Government Council Election Tribunal of Delta State sitting at Asaba challenging the declaration of the first and second respondents.
The petition dated 22nd December, 1998 was filed on the same day.
The two sets of respondents raised a preliminary objection to the petition asking that it be struck out in limine for incompetence. The particular of the objection was that the return of the fi…