AMAIZU, J.C.A. (Delivering the Leading Judgment): This appeal calls for the interpretation of section 133(2) of Decree No.3 1999, otherwise known as State Government (Basic Constitutional and Transitional Provisions) Decree, 1999.
The appeal is sequel to an election petition filed by Sule Lamido against Ibrahim Saminu Turaki, his opponent, and 3others, contesting the election victory of Ibrabim Saminu Turaki, on the grounds as stated in the petition. For ease of reference Sule Lamido is hereinafter referred to as the appellant, Ibrahim Saminu Turaki as the 1st respondent and other 3 respondents as 2nd to 4th respondents.
The 1st respondent after filing his reply to the petition, put in a notice of preliminary objection to the petition on the grounds namely:
(1) The petition was left with the Director Civil Litigation of the High Court of Justice, Dutse, Jigawa State and presented to the Secretary of the Election Tribunal on 17th February, 1999.
(2) The petition is not properly const…