ADEREMI JCA (Delivering the Lead Judgment): This is an appeal against judgment ofthe NationalAssembly/Governorship/Legislative Houses
Election Tribunal holden at Owerri, Imo State of Nigeria delivered on 11th August, 2004 whereby the appellant’s petition was dismissed thus, affirming the election of the 1st respondent as the member representing the Owerri Federal Constituency at the House of Representatives of the Federal Republic of Nigeria. The petitioner/appellant had laid before the lower Tribunal the following prayers: “(1) That it may be determined that the 1st respondent was not qualified to contest the election and that the petitioner won same havingscored the highest number of lawful votes among the qualified candidates; and In the alternative
(a) That it may be determined that the petitioner, instead of the 1st respondent, wonthe election by majorityof lawful votes cast at the election and ought to be returned; and still in the alternative (b) that it may be determined t…