MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This appeal presents similar facts and circumstances with Appeal No. CA/E/EPT/07/09 with the difference that the appellant in Appeal No. CA/E/EPT/07/09 was the candidate for the Action Congress in the election to the House of Representative for Orumba North/South Federal Constituency while the present appellant was the candidate for the All Peoples Grand Alliance (APGA) in the same election. In both cases the names of the PDP candidates were not known before the declaration of the election results. As a result of this development, an earlier election petition tribunal ruled that there was no declaration of result as at 28/04/07.
Petitions presented to a subsequent tribunal after the courts have declared the names of the proper candidates of the PDP were held to be statute barred. The arguments that a previous election tribunal had ruled that there was no declaration of result or that the certificate of return could be …