MOHAMMED JCA (Delivering the Lead Judgment): At the National
Assembly general elections conducted throughout Nigeria on Saturday 12th April, 2003, the appellant, All Nigeria Peoples party (ANPP), was one of the political parties that fielded candidates who contested for the 3 Senatorial seats and 7 out of the 8 seats for the House of Representatives in the Enugu State of Nigeria. At the end of the exercise in the conduct of the election, none of the candidates fielded by the ANPP emerged a winner in any of the 3 Senatorial Districts of Enugu State or any of the House of Representatives constituencies in the same Enugu State. Consequently, the ANPP which was not happy with the outcome of the election, in exercise of its right under section 133(1)(b) of the Electoral Act 2002, as one of the political parties that participated in the election, filed an election petition before the Enugu National Assembly Election Tribunal on 14-5-2003 claiming mainly that there was no election as prescr…