UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Tribunal sitting in Calabar. The appellant was the Petitioner at the Tribunal. The appellant contested the election on 26th April into the House of Assembly for Calabar Municipality. The 1st Respondent was the candidate of PDP and was returned as the winner.
The Appellant was dissatisfied and presented a Petition on 17th May, 2011. The Tribunal struck out the Petition. However, the court of Appeal on 22nd September, 2011 sent back the petition to be heard on the merit. The Petition was for the second time dismissed again, this time for lack of jurisdiction.
On the 14th of November, 2011, the Petition became statute barred by effusion of time. The life of the Petition expired on midnight 12th November, 2011.
The Appellant again appealed to this court. The Appellant filed his notice and one ground of appeal. This lone ground of appeal was couched thus:
"The trial Tribunal brea…