OLUFUNLOLA OYELOLA ADEKEYE, J.C.A. (Delivering the Leading Judgment): The appellant Abubakar Saidu Ainoko and the 1st Respondent Han. Yakubu Yunusa were 'both candidates who contested with three others the election to the Kogi State House of Assembly for Igala-mela/Odolu State constituency, on Saturday the 14th of April, 2007. The appellant contested the election on the platform of the All Nigeria peoples party (ANPP) while the 1st respondent contested on the - platform of the People Democratic Party (PDP). The 1st Respondent was declared the winner of the election by the 2nd Respondent, Independent National Electoral Commission.
The appellant filed a petition at the Governorship/Legislative Houses Election Petition Tribunal holding at Lokoja on 15th of May, 2007. The appellant questioned the election of the 1st Respondent on grounds as follows:-
(a) That the election was invalid by reason of corrupt practices and non-compliance with the provisions of the Electoral Act.
(b) That the …