FABIYI, J.C.A: (Delivering the Leading Judgment): This is an appeal against the ruling handed out on 1/2/99 by the Election Petition Tribunal of Ebonyi State. In the local government election which was held nation-wide on 5/12/98, the appellant desired to be Chairman of the Onicha Local Government Council. She contested as the candidate for the All People's Party (APP). The 1st respondent was the candidate for the People's Democratic Party (PDP). The 3rd candidate was one Mr. Christopher Ikele who vied under the banner of the Movement for Democracy and Justice (MDJ). At the end of the election, the 1st respondent was returned as the chairman elect.
The petitioner/appellant was not satisfied with the return of the 1st respondent. She decided to challenge same. In paragraph 2 of her petition, the scores of the candidates were stated a s follows:-
"(a) Mrs. Florence Ikeh (APP) - 18,936 votes
(b) Mr. Donatus Njoku (PDP) - 23,631 votes
(c) Mr. Christopher Ikele (MDJ)- votes"
The petitioner…