PAUL ADAMU GALINJE, J.C.A (Delivering the Leading Judgment): On the 28th of September 2011, I dismissed this appeal and reserved reasons for my decision to a later date. I now give reasons for my decision in this appeal.
On the 26th day of April, 2011, an election was held to elect a member representing Asari-Toru constituency I into the Rivers State House of Assembly by the Independent National Electoral commission (INEC).
At the end of the election, the first Respondent herein was declared the winner and returned as elected member representing the said constituency.
The Appellant herein who contested the election under the platform of Action Congress of Nigeria (CAN) is dissatisfied with the result of the election and therefore challenged same at the National and State House of Assembly Election petition Tribunal (henceforth to be referred to as Tribunal) sitting at port Harcourt. Part of the petition that is relevant to this appeal reads thus:-
"Your 1st petitioner states that th…