TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The appellants had participated in the general election conducted by the 3rd respondent to the office of the member representing Kwande East Constituency in the Benue State House of Assembly on 26th April, 2011. The 1st respondent contested on the platform of the 2nd respondent whilst the 1st appellant contested in the same election on the platform of the 2nd appellant. The 1st respondent was said to have won the election, so he was returned and declared as duly elected by the 3rd respondent. The appellants did not accept the result of the said election, so they filed a petition No: NSHA/BN/HA/34/2011 at the National and State Houses of Assembly Election Petition Tribunal holden at Makurdi Benue State, on 17th May, 2011.
The parties filed and exchanged their respective pleadings on the petition. The respondents filed preliminary Objections to the competency of the petition and the same was argued. The Lower Tribunal which fi…