MOHAMMED LADAN TSAMIYA, J.C.A: (Delivering the Leading Judgment): This is an appeal against the decision of the National/State House of Assembly Election petition Tribunal (herein referred to as the tribunal) sitting at Makurdi, delivered on 19/03/2012 in Petition No: NSHA/BN/HA/45/2011. The petition was dismissed.
The brief facts leading to this appeal is that, the appellants (as the petitioners before the tribunal) filed a joint petition against the respondents on 30/09/2011, challenging the declaration and return of the 1st respondent as the duly elected member representing Oju I state constituency in Benue state House of Assembly in the election conducted by the 3rd and 4th respondents on 10/09/2011. The 1st respondent was sponsored in the said election by the 2nd respondent (Action Congress of Nigeria 'CAN'), while the 1st appellant was sponsored by the 2nd appellant (Peoples Democratic Party 'PDP').
The appellants challenged the declaration and return of the 1st respondent on t…