MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of the Abia State Governorship and Legislative Houses Election Tribunal (hereinafter lower Tribunal) delivered on 4th August, 2007 in which the Appellants' election petition was struck out on the ground that it was filed out of time.
The 1st Appellant and the 6th Respondent were candidates for the National Assembly election at the Bende Federal
Constituency held on the 28th of April, 2007. The Appellant was sponsored by the 2nd Appellant - All Progressive Grand Alliance - (APGA) a registered political party while the 6th Respondent was sponsored by the Peoples Democratic Party (PDP); the 7th Respondent in this appeal. At the end of the said election, the 1st Respondent, independent National Electoral Commission (INEC): the statutory body charged with the conduct of the election through its agents declared and returned the 6th Respondent as the winner of the election.
Being dissatisfied and…