NZEAKO, J.C.A (Delivering the Leading Judgment): The appeal herein arose from an election petition filed by the appellants at the Local Government Council Election Tribunal sitting at Makurdi, Benue State of Nigeria.
The petitioner/appellant and the 1st respondent were candidate for Chairmanship or Vandeikya Local Government Council held on 5th December, 1998.
The 2nd - 5th respondents are Independent Electoral Commission and its officials responsible for conducting the elections and the 6th respondent was the associate of 1st respondent to become the Vice Chairman of the council should the 1st respondent be elected Chairman.
The election concluded, the 1st respondent was declared the winner by the 2nd - 5th respondents.
The Petitioner/appellant petition filed on 18/12/98 complained in paragraphs 1 and 8 that he was the person who won by a majority of the lawful votes cast at the election but that the 2nd - 5th respondents wrongfully returned the 1st respondent by result announced o…