MOHAMMED LAWAL GARBA, J.S.C. (Delivering the Leading Judgment): On the 21st September, 2024, the 1st Respondent conducted election into the office of the Governor of Edo State. The 1st Respondent declared and returned the 2nd Respondent as the winner of the election with 291, 667 votes while the 1st Appellant scored 247, 274 votes.
The Appellants filed a petition challenging the return of the 2nd Respondent, which was predicated on two (2) grounds: that the election was invalid by reason of noncompliance with the provisions of the Electoral Act, 2022; the 2nd Respondent was not duly elected by the majority of the lawful votes cast at the election.
At the pre-hearing sessions of the petition, the Respondents challenged the competence of the petition on the ground that the two (2) grounds are inconsistent and contradictory and so, incompetent. Also, that the Appellants did not seek the relief for the nullification of the entire election which the Tribunal was empowered to grant in the eve…