NWALI SYLVESTER NGWUTA, J. C. A. (Delivering the Leading Judgment): Governorship election was held throughout the country on 14th April, 2007. The result of the election in Gombe State was declared the following day 15th April, 2007. The 1st Respondent who was sponsored by the 2nd Respondent (PD) was declared and returned winner of the election in Gombe State.
1st Cross-Respondent and his sponsor, the DPP presented an election petition against the declaration and return of the 1st Respondent as the winner of the election. The Petition was filed on 15th May 2007.
One of the issues dealt with by the Tribunal was the competence vel non of the petition. This issue arose from oral evidence before the Tribunal and was predicated on the following two grounds:-
(1) That the petition was not filed within time; and
(2) That the petition failed to state the scores of all contestants at the election.
In its judgment the Tribunal held that the petition was filed within the time stipulated by the E…