TOM SHAIBU YAKUBU, J.C.A.: (Delivering the Leading Judgment): The appellants were the plaintiffs in suit No. FHC/ASB/CS/184/2011 at the Federal High Court, holden at Asaba, (simply referred to hereafter) as the court below.
The 1st appellant was a candidate of the 2nd appellant at the election into the Delta State House of Assembly as member representing the Bomadi Constituency, which was held on 26th April, 2011. At the end of the election, the 1st respondent was returned and declared as the winner thereof. This was challenged by the appellants at the National and State House of Assembly Election Tribunal, sitting at Asaba.
The petition was running its course when the appellants filed the action aforementioned at the court below vide an originating summons, challenging the qualification of the 1st respondent to contest the said election, on the complaint that the latter lied or misrepresented facts in Form C.F.001 submitted by him to the 3rd respondent for the purpose of contesting …