ZAINAB A. BULKACHUWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling by the National Assembly/Governorship and Legislative House Election tribunal, Delta State delivered on the 4th day of May, 2005.
The Petitioner/Appellant was a candidate in the election held on 9/5/2003 to the Delta State House of Assembly as a member representing Burutu south constitutuency under the platform of the Justice Party (JP). He contested with 4 others contestants amongst who was the 1st Respondent who was returned as winner of the election.
Dissatisfied with the election result, the petitioner filed a petition before the said Legislative Houses Election Tribunal, Delta State on the 7/6/2003 against the 1st Respondent and 5 others.
The Petitioner based his petition on two grounds which were improper election involving voting, counting, collation of results of valid votes in any of the five wards of Burutu South constituency and that the election was marred by fraud and/or g…