OLUKAYODE ARIWOOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal by one of the seven (7) candidates who contested the election of 21st day of April 2007 into the Senate for the Enugu East Senatorial District.
The Petitioner, hereinafter referred to as the Appellant, who was the candidate of Accord (A) party in the said election had petitioned the National Assembly Governorship and Legislative Houses Election Petition Tribunal Holden at Enugu. The appellant in his petition had challenged and questioned the election on the following grounds:- that the 1st Respondent was not qualified to contest the said election; that the 1st Respondent was not duly elected by the majority of lawful and or valid votes cast at the election and that the election was fraught with irregularities. The Appellant had prayed the tribunal to declare that the 1sl Respondent was not duly declared elected or returned as announced but to declare him, the Petitioner, as validly and duly elected as the …