SALAMI, J.C.A. (Delivering the Lead Ruling): The petitioner filed a petition in the Local Government Council Election Tribunal sitting in Asaba in Delta State of Nigeria. The respondent took an objection to the competence of the petition which, after argument, was struck out in a reserved and considered ruling of the trial tribunal.
The petitioner was dissatisfied with the ruling and appealed to this court on two grounds of appeal along with a notice of appeal filed on 20th January, 1999. The petitioner brought a motion for departure from the rules and abridgement of time within which to comply with the provisions of the Court of Appeal Rules, Cap. 62 of the Laws of Federation of Nigeria, 1990. The respondent has, once more taken objection to the competence of the appeal by way of motion on notice. The court, with Concurrence of both parties, decided to take the motion on notice challenging its jurisdiction first.
In this connection, learned counsel for the respondent to the appeal su…