BARKA JCA (Delivering the Lead Judgment): The instant appeal is against the decision of the National Assembly/Legislative Houses Election Tribunal sitting in Asaba, Delta State in petition No. EPT/ DT/SE/43/15; Rt. Hon. John Halima Agoda v. Chief Ighoyota Amori and Ors. delivered on 21 October 2015, wherein the petition filed by the petitioner was dismissed in its entirety.
The background facts generating the instant appeal are not in contention. The appellant and the 1st respondent contested election to the office of Senator for the Delta Central Senatorial seat in the election which held on the 28 March 2015, and 25 April 2015. In the said election contested by a total of 13 candidates, the appellant was credited with 16,489 votes, while the 1st respondent was credited with 116,723 votes by the 13th respondent and thus declared and returned as the winner of the Delta Central Senatorial seat having polled the majority of the lawful votes cast at the election.
Utterly dissatisfied w…