TOBI, J.C.A. (Delivering the Lead Ruling): This appeal against the judgment of the Election Petition Tribunal of Anambra State was filed on 25th January, 1999. A motion for leave to file additional grounds of appeal by the appellant was moved yesterday, 25th February, 1999. The motion was not opposed. This court granted it, as prayed
Before the appeal could he heard, learned Senior Advocate for the appellant, Professor Nwabueze indicated to the court that the appeal was filed on 25th January, 1999 within the period prescribed by the Local Government (Basic Constitutional and Transitional Provisions) Decree No. 36 of 1998. He contended that the duty to determine the appeal within thirty days prescribed in paragraph 2(2) of Schedule 5 to the Decree is not that of the appellant but of the court.
Learned Senior Advocate Professor Nwabueze submitted that, despite the effluxion of time, in the light of the enabling Decree, this court has jurisdiction to hear the appeal. He argued that the …