S. A. AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of the Governorship and Legislative Houses Election Tribunal holden at Owerri in Imo State delivered on 24/3/99. The 1st respondent, Bonny Mbakwe Obi, was petitioner at the tribunal while the appellant, Benneth Ikeatu, was the 1st respondent at the same tribunal. The appellant and the 1st respondent were candidate at the House of Assembly election held on 9/1/99. They both contested for the Ideato South State Constituency in Imo State. The appellant contested the election on the platform of the All Peoples Party (APP) while the 1st respondent contested on the platform of the Peoples Democratic Party (PDP).
The 2nd respondent (INEC) is the statutory body charged with the conduct of the elections while the 3rd, 4th and 5th respondents were the officials of the 2nd respondent directly involved in conducting the election. At the end of the said elections, the 2nd respondent declared that the appel…