OPENE, J.C.A. (Delivering the Leading Judgment): The petitioner/appellant and the 1st respondent were the candidates for the Chairmanship or Nsit Atai Local Government, Akwa Ibom State in the Local Government Elections held on the 5th day of December, 1998.
The appellant lost the elections to the 1st respondent and as a result of this, the appellant filed a petition in the Local Government Election Petition Tribunal, Akwa Ibom State, sitting at Uyo praying the tribunal among other things to declare that the 1st respondent was not duly elected and/or returned.
The appellant later brought a motion to amend his petition, the motion was heard and dismissed on the 13th day of January, 1999. The 1st respondent thereupon filed an application praying the tribunal to set aside the petition as it is incurably defective for non-compliance with the mandatory provisions of Schedule 5, paragraph 5 (1)(c) or Decree No. 36 of 1998. The tribunal heard this motion and struck out the petition on 20th Ja…