SALAMI, J.C.A. (Delivering the Leading Judgment): In the election conducted to the Local Government Council throughout Nigeria on 5th December, 1998, the appellant contested for the office of Chairman of Ukwuani Local Government. He was a candidate on the platform of the All Peoples Party while the first respondent sought the same position as the candidate of Alliance for Democracy and one Nduka Okolo contested for the same seat on the ticket of Peoples Democratic Party.
At the close of poll, ballot papers from the ten wards constituting the local government were counted collated all results declared. The appellant was returned as elected with 11,130 votes while the first respondent was credited with 10,894 votes and Mr. Nduka Okolo had 6,729 votes.
The first respondent was unhappy with the result of the election and presented his petition to Delta State Local Government Council Election Tribunal sitting at Asaha. At the trial the petitioner and fifth respondent incidentally appellan…