AKANBI, J.C.A. (Delivering the Leading Judgment): In this case, an election petition was on 6th January, 1988 lodged in the Registry of the High Court Abeokuta, Ogun State of Nigeria. The petitioner by his petition sought a declaration that he and not the 5th respondent was the duly elected candidate for the Kajola constituency of the Obafemi-Owode Local Government, and that the 'declaration of result of Poll' given to him was valid.
A preliminary objection to the hearing of the petition was taken by counsel to the respondents. The grounds of the objection were that the petition was statute barred in that it was not strictly 'presented' within one month after the date on which the election was held. It was contended that the necessary security for costs was not paid until the 27th January, 1988 well outside the one month allowed for the "presentation of a petition."
Counsel to the petitioner however contended that the petition was presented on 6th January 1988 when he deposited it w…