UBAEZONU, J.C.A. (Delivering the Leading Judgment): This is an election petition appeal in respect of the Local Government election conducted all the 5th December, 1998 under Decree No. 36 of 1998. The 1st respondent was declared as having won the election. The appellant brought a petition before the Election Tribunal which struck out his petition on the ground that the petition was not properly pending as the filing fees were not fully paid at the time of filing the petition as required by paragraph 37(1) (2) (3) of the 5th Schedule to Decree No. 36 of 1998 (hereinafter in this judgment referred to as 'the Decree').
Not satisfied with the striking out of the petition, the appellant has appealed to this court. The relief he seeks from this court as per his notice of appeal is "to set aside the decision of the Local Government Election Tribunal and list the petition for trial and determination."
The appellant has also filed a brief of argument in which he formulated 2 issues for determ…