UWAIFO, J.C.A, (Delivering the Leading Judgment): In the Chairmanship election held on 15th March, 1997 for Isiala Mbano Local Government of Imo State, for which there was a run-off election on 4 April, 1997, the petitioner was a candidate on the platform of the United Nigeria Congress Party (UNCP). The 1st respondent stood as a candidate of the Democratic Party of Nigeria (DPN) and was declared duly returned as the Chairman. The votes recorded were stated as DPN, 9244 and UNCP, 7591.
The petitioner complained against the election results on the ground, principally, that there was over-voting in one of the wards called Osuachara out of eleven wards in that Local Government Area. The Election Tribunal found as a fact that there was no such over-voting and further, that no list of objections to votes was filed as required by para. 16 (1) of the 5th schedule to Decree No. 7 of 1997. The Tribunal specifically found that 2800 ballot papers were made available to Osuachara Ward as against 24…