YAHAYA JCA (Delivering the Lead Judgment): This appeal arose from the judgment of the National Assembly/Governorship/Legislative Houses Election Tribunal Makurdi, Benue State (hereinafter referred to as the lower tribunal) which was delivered on 23 February 2008. The judgment was sequel to a petition presented by the appellant, then as petitioner complaining against the return of the 1st respondent as Senator, representing Benue South Senatorial District. The appellant filed the petition (pages 1 -38 of the printed record) on 15 May 2007, which attracted a reply from the 1st respondent, dated 11 June 2007 (pages 519 - 554 of the record).
A reply dated 4 June 2007, was flied by the 2nd - 143rd respondents (pages 501 - 506 of the record). The facts briefly stated, are that on 21April 2007, an election into the Benue South Senatorial District was conducted by the Independent National Electoral Commission (INEC). At the close of voting, David A. B. Mark, the 1st respondent here, was ret…