SANUSI, JCA (Delivering the Lead Judgment): The 2nd respondent, the Independent National Electoral Commission (INEC) was saddled with the responsibility of conducting various elections in Nigeria. As had been the case throughout the Nigerian Federation, on the 12th day of April, 2003 it conducted elections among others, into senatorial seats in Nigeria, Taraba State inclusive. The 1st appellant having been sponsored by his political party, the All Nigeria People’s Party (ANPP) (the 2nd appellant), contested election into the senatorial seat in Taraba State Central along with the 1st respondent who was also sponsored by his political party - the Peoples Democratic Party (PDP). The elections were held on the 12th day of April, 2003. After the conduct of the said election, the 2nd respondent and its agents declared and returned the 1st respondent winner of the election.
Aggrieved by the declaration and return of the 1st respondent as winner of the election by the 2nd respondent, the 1st…