MOHAMMED LAWAL GARBA (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal, sitting at Lagos contained in the judgment delivered on the 10th November, 2023 in the Appellants' Appeal No. CA/E/EP/GOV./EN/21/2023 by which the appeal was dismissed and the decision of the Enugu State Governorship Election Tribunal (trial tribunal) in petition No. EPT/EN/GOV./01/2023 was affirmed. The Appellants; as candidate and the political party who sponsored the candidate, and the 2nd and 3rd Respondents had participated in the election for the office of Governor of Enugu State, conducted by the 1st Respondent on the 18th March, 2023, at the end of which, the 2nd Respondent was declared and returned as the winner.
Aggrieved by the declaration and return of the 2nd Respondent as the winner of the said election, the Appellants in line with the provisions of the Electoral Act, 2022, challenged the declaration and return by way of an election petition before the trial…