EDOZIE, J.C.A: (Delivering the Leading Judgment): The appellant, a candidate of the Peoples Democratic Party (PDP) and the 1st respondent, fielded by the All Peoples Party (APP) contested the election for the office of the chairman of Ogbadibo Local Government in Benue State. The election was conducted on 5th December, 1998 by the Independent National Electoral Commission (INEC) pursuant to the Local Government (Basic Constitutional and Transitional Provisions) Decree 1998 hereafter referred to as Decree No.36 of 1998 or the enabling law. The result of the election showed that the 1st respondent was returned as duly elected to the aforesaid office. Aggrieved thereby, the appellant filed a petition at the Local Government Council Election Tribunal sitting at Makurdi seeking to invalidate the said election on various grounds as spelt out in the petition.
After dealing with some interlocutory proceedings, the tribunal commenced hearing the petition on 5/2/99 when the evidence of p.W.1 w…