PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): The appellant and the 1st respondent contested the gubernatorial election of Gombe State on 9/1/99. They contested the election under the banners of their parties PDP and APP respectively. The 1st respondent was declared the winner of the election whereupon the appellant challenged the returning of the 1st respondent in an election petition.
There are two main planks to his case:
(1) That the 1st respondent who was declared successful in the election was not duly qualified.
(2) That he did not win by a majority of the lawful votes cast.
After carefully examining the matter the Election Tribunal decided that it was not competent to inquire into the qualification of the 1st respondent in that it is the preserve of INEC. And it equally held that the 1st respondent was elected by a majority of the lawful votes cast.
The appellant thereupon lodged an appeal of 5 grounds and most inelegantly formulated 6 issues from the grounds of ap…