CHIOMA EGONDU NWOSU-IHEME (Ph.D), J.C.A. (Delivering the Leading Judgment):The Appellant in appeal NO.CA/B/EPT/265/2008 Zakawani Garuba, was the Candidate of the 3rd Respondent, the Peoples Democratic Party (PDP), at the Election of 14th April 2007 into the Edo State House of Assembly for Etsako West Constituency conducted by the 1st - 4th Respondents. 5th and 6th Respondents were officials of the 4th Respondent. 1st Respondent contested the same election on the platform of the 2nd Respondent, Action Congress (A.C.).
At the conclusion of that Election, 4th - 6th Respondents declared the Appellant as duly elected and returned him. Aggrieved by the declaration and return, 1st and 2nd Respondents commenced proceedings by way of an election petition against the 1st and 2nd Respondents now Appellants and 3rd - 6th Respondents and crystallized their claims in paragraph 79 of their petition in the following terms:
"79 ...
(i) An order invalidating the 11, 414 votes or such part of the Votes …