HON. EKERE AFIA & ANOR V. HON. EMMANUEL E. EKPENYONG & ORS

JA'AFARU MIKA'ILU, JCA (Delivering the Leading Judgment): This is on appeal against the decision of the National Assembly/Legislative Houses Election Tribunal, Uyo (herein called the tribunal) delivered on 29th June, 2011. The tribunal in the said ruling made on order striking out the appellant's petition among other orders. The reason given by the tribunal for striking out the petition is that the petition was filed outside the 21 days allowed by the Electoral Act, 2010 (as amended) for filing of a petition.

The undisputed facts are that the last day of 2nd day period allowed by the Electoral Act for the filing of this petition fell on a Sunday, the 1st day of May, 2011. The following day, the 2nd day of May, 2011 was a public holiday declared by the Federal Government of Nigeria to commemorate workers' day. The petition was filed on the 3rd day of May, 2011, the next working day.

The endorsement of the Secretary of the Election Tribunal on the petition and the witnesses statements …