JOHN AFOLABI FABIYI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Markurdi Division delivered on 7th January, 2012 in which the majority decision of the trial Tribunal handed out on 12th November, 2011 was in essence affirmed. The main appeal was dismissed which the cross appeal was allowed in part.
It is apt to assemble the facts leading to this appeal, albeit, briefly. On 26th April, 2011, the 1st respondent conducted election into the office of Governor of Nasarawa State. After the completion of the election the 4th respondent who was the candidate of Congress for Progressive Change (CPC) was declared as winner and returned as duly elected.
The 1st appellant who contested on the platform of the 2nd appellant - Peoples Democratic Party was not happy with the outcome of the election. The 1st appellant and his party jointly, filed a petition before the trial Tribunal in Lafia, Nasarawa State on 17th May, 2011. The 1st, 2nd …