AUGIE JCA (Delivering the Lead Ruling): This matter originated from the local government election held in Ondo State on the 27th day of March, 2004. Dissatisfied with the return of 2nd respondent/applicant as the winner of the election, the appellant/respondent filed a petition in the Local Government Election Petition Tribunal of Ondo State, which held that it had no jurisdiction to entertain the petition as the complaints of the appellant/respondent involves the internal affairs of the party. Aggrieved by the decision of the Election Petition Tribunal, the appellant/respondent appealed to the High Court of Ondo State sitting in Akure before Komolafe J. wherein the decision of the election Tribunal was upheld on July 30th, 2004.
Dissatisfied, the appellant/respondent further appealed to this court.
Before the appeal could be heard however, the 2nd respondent/applicant filed and argued this notice of preliminary objection for an “order striking out the appeal in limine for incompete…