KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JCA (Delivering the Leading Judgement): The appellant in this appeal representing Ezinhitte-Mbaise Local Government Area Constituency, contested the election into the Imo State House of Assembly held on 14th April, 2007 on the platform of the All Progressive Grand Alliance (APGA). The 1st respondent contested the election on the platform of the Peoples Democratic Party while three other candidates Raymon Nna, Peter Nwokorie and Anthony Nwogu contested on the platforms of the Progressive peoples Alliance (PPA), the All Nigeria Peoples Party (ANPP), and the Action Congress (AC) respectively. At the conclusion of the election the 1st respondent was returned as the winner with 16,024 votes while the appellant came second with 6,312 votes.
The appellant was dissatisfied with the return of the 1st respondent and filed a petition before the Governorship and Legislative Houses Electron Tribunal holden at Owerri (the lower Tribunal) challenging the sa…