MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the National and State Houses of Assembly Election Petition Tribunal, Cross River State delivered on the 23rd of April, 2022, dismissing the appellant's preliminary objection.
On the 26th day of February, 2022, the 2nd respondent conducted a rerun election for Ogoja/Yala Federal Constituency in Cross River State, in which the appellant, a candidate of 3rd respondent, was declared the winner of the election. Dissatisfied with the outcome of the said election, 1st respondent, a registered political party which also fielded a candidate, filed petition No EPT/CR/REP/002/2022 challenging the validity of the election and the appellant’s return as winner for the Ogoja/Yala Federal Constituency, Cross River State.
At the pre-hearing session held on 21/4/2022, the 3rd respondent now appellant, applied for the dismissal of the petition at the commencement thereof on the ground of tardiness …