GALADIMA, J.C.A. (Delivering the Leading Judgment): The appellant was a candidate at the councilor election held on 5th December, 1998 in the Inland Ward V, otherwise known as Ward 12 for Onitsha North Local Government, under the platform of People's Democratic Party, PDP. The 1st respondent contested the same election under the platform of Alliance for Democracy, AD, while the 2nd respondent stood the election under the platform of All People's Party, APP.
The 1st respondent was declared duly elected whereupon, the appellant filed this appeal challenging the declaration of the 1st respondent and now sought to be duly elected at the Local Government Election Tribunal sitting at Akwa, in Anambra State. When the appeal was adjourned for mention on 20/1/99, learned counsel for the petitioner who is now the appellant, applied without supporting affidavit: that the matter be not terminated under paragraphs 44(5) and 16, of the 5th Schedule to 1998 Decree No. 36. He then applied for enlarge…