ARIWOOLA JCA (Delivering the Lead Judgment): This appeal is against the decision of the NationalAssembly, Governorship and Legislative Houses Election Petition Tribunal Enugu State contained in the judgment of the tribunal delivered on 11 December 2007. On 21April 2007, the 2nd respondent herein, that is, the Independent National Electoral Commission (INEC) conducted the Presidential and National Assembly Elections. The appellant contested on the platform of the Peoples' Democratic Party (PDP) and the 1st respondent contested as candidate of All Progressive Grand Alliance (APGA). At the close of polls, the appellant was returned and declared winner by the 2nd respondent to represent Nsukka/Igbo-Eze South Federal Constituency in the National Assembly, having been adjudged to have scored the total votes of 185,239 as the highest votes against the 1st respondent who was adjudged to have scored 6,454 votes in the polls.
Dissatisfied with the return and declaration made in favour of the a…