ADENIJI, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the National Assembly/Governorship and Legislative
Houses Election Tribunal siting at Owerri, Imo State, delivered on 24th June 2003. The appellant not being satisfied with the decision of the lower Tribunal appealed against same and filed 5 grounds of appeal in the process.
The facts of the case are that the appellant and the 1st respondent together with other candidates contested the National Elections held on A 24th June 2003. The appellant contested on the platform of the Peoples Democratic Party (PDP) while the 1st respondent contested as a candidate for the All Progressive Grand Alliance (APGA). At the conclusion of the exercise, the 1st respondent was declared the winner of the election.
The appellant was dissatisfied with the returns made wherefore he filed an election petition against same for the appropriate reliefs. The 1st respondent reacted by filing a preliminary objection against the pet…