SALAMI, J.C.A. (Delivering the Leading Judgment): In the election into the office of Chairman of Ikpoba/Okha Local Government Council held on the 5th December, 1998, the first respondent was returned as the Chairman of the Local Government. The First and second appellants were unhappy with the return of the first respondent and presented their petition to the Local Government Election Tribunal Edo State sitting at Benin City praying that the election of the first and second respondents be nullified on the ground that they were not validly nominated and in their stead the first and second appellants be declared winners of the election as the chairman and Vice Chairman respectively. The first and second respondents took a preliminary objection to the petition in that it was not filed within the time prescribed by section 82 of the Local Government (Basic Constitutional and Transitional Provisions) Decree No. 36 of 1998.
The trial tribunal tried the objection and in its reserved and con…