Z. A. BULKACHUWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Benue State National Assembly Election Tribunal Makurdi delivered on the 4th of February, 2008.
Upon reading the records of proceedings of the lower tribunal and the appellant's brief already filed in this court on the 22/10/2009 ordered that parties address it on the competence of the lower tribunal to have heard and determined the petition.
On 26/10/2009 when the matter came up, Orkumah, counsel for the appellant referred this court to pages 1, 26, 28, 30-90, 91-93 all dated 21/5/2007 of the records paragraph 4 at page 14 and mandatory provisions of Section 141 of the Electoral Act, 2006 as interpreted by this court in several decisions, to the effect that the computation of time includes the day that an election result is declared, the petition should have been filed on or before the 20th May, 2007.
That the petition which was filed on 21st May, 2007 was out of time by a day an…