AKPIROROH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Election Tribunal sitting at Port Harcourt Rivers State delivered on 12th February, 1999. The petitioner/appellant Nnamdi Ihute contested the chairmanship election in Oyigbo Local Government Council Area with Bright Jacob Onyebuchi, the 4th respondent under the platform of Peoples Democratic Party (PDP) and All Peoples Party (APP) respectively.
At the end of the polls, the 4th respondent scored 16,103 votes while the petitioner scored 13,698 votes, the 4th respondent was declared the winner of the election.
Aggrieved by the aforesaid election results, the petitioner/appellant petitioned to the trial tribunal challenging the validity of the election on two grounds.
(a) That election in ward 2 of the Local Government Area was not conducted in substantial compliance with the law. and
(b) That the 4th respondent was not duly elected by a majority of lawful votes cast at the election.…