MSHELIA JCA (Delivering the Lead Judgment): This is an appeal against the decision of the National Assembly/Governorship and Legislative Houses Election Petition Tribunal, Lagos State sitting at Lagos delivered on 23 October 2007 dismissing the petition filed by the petitioner (hereinafter referred to as appellant).
The facts of this case are simple: The appellant and the 1st respondentwere candidates, together with one other contestant in the recently concluded National Assembly Elections into the House of Representatives for Epe Federal Constituency of Lagos State. The appellant contested the election on the platform of the PDP (Peoples' Democratic Party), while 1st respondent contested on the platform of the AC (Action Congress). At the conclusion of the election held on 21April 2007, 1st respondentwas returned by 2nd - 4th respondents as duly elected having scored the highest lawful votes of 26,757 as against the appellant who scored 20,940 votes. Not being happy with the result …