ADAMU JAURO JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the National and State Houses of Assembly Election Tribunal Ebonyi State, sitting at Abakaliki delivered on 17th October, 2011 in petition number EB/EPT/SHA/1/2011, wherein the tribunal nullified the election of the 1st Appellant.
A brief summary of the facts giving rise to this appeal is hereby made as follows: On the 26th April 2011, the 3rd Respondent (INEC) conducted State House of Assembly elections nationwide, Ebonyi state inclusive. The 1st Appellant and the 1st Respondent were among the candidates that contested the Ebonyi State House of Assembly elections for Ezza North-West State Constituency. Upon the conclusion of the election, the 3rd Respondent (INEC) declared and returned the 1st Appellant as the winner of the election, having polled a total of 7, 428 votes. The 1st Respondent came second with a total of 7, 148 votes. Peeved and upset by the declaration and return of the 1st App…