SANUSI, J.C.A. (Delivering the Leading Judgment): The appellant and the 1st respondent contested in the elections into the Borno State House of Assembly held all over the Nigerian Federation on the 9th day of January, 1999 representing Gwoza Local Government Area of Borno State on the platforms of All Peoples Party (A.P.P) and Peoples Democratic Party (P.D.P) respectively. At the end of the elections the 2nd and 3rd respondents declared the 1st respondent the winner having scored 66,748 votes as opposed to the 34,702 votes scored by the appellant. Aggrieved by the action of the 2nd and 3rd respondents in declaring the 1st respondent the winner of the elections, the appellant filed a petition before the Governorship and Legislative Houses Election Tribunal in Maiduguri (hereinafter referred to as the "lower tribunal") on 8th February, 1999. Pleadings were exchanged among the parties and the matter was first mentioned on 17th February, 1999.
When the matter came up before the lower tri…