MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The petitioner in this case was a Chairmanship candidate at the 5th December, 1998, Local Government Elections held for Onitsha North Local Government Council. He filed a petition before the Anambra State Election Tribunal holden at Awka challenging the return of the 1st respondent as the Chairman elect and prayed the tribunal also for his return instead of the 1st respondent.
The facts of the case upon which this appeal is based are as follows:- In the course of the Election Petitions Tribunal proceedings, appellant, realising that the fees payable by him had been wrongly assessed and as such not fully paid, filed a motion on notice pursuant to paragraphs 18, 37, 44 and 50 of Schedule 5 of Decree No.5 of 1998. He prayed the tribunal for the following orders:-
(i) Extending the time within which to pay the balance of the filing and hearing fees of this petition.
(ii) Directing the Secretary of the tribunal to accept the said fees f…