UMOREN, J.C.A. (Delivering the Leading Judgment): This matter stems from the recent election into Local Government Councils in the Federation of Nigeria.
The nation went to the polls on the 5th December, 1998 to elect chairmen and Councilors for the several Local Government Councils in the States. The appellant and 1st respondent were among the multitudes of aspirants and contestants who contested the election. In this case their constituency was Tarmuwa Local Government Council in Yobe State.
The appellant and the 1st respondent are candidates who ran for the chairmanship of the said Tarmuwa Local Government Council on the platform of People's Democratic Party (P.D.P) and the All People's Party (A.P.P.).
The 1st respondent was returned as being duly elected wherefore the appellant filed a petition at the Yobe Local Government Council Election Petition Tribunal sitting at Damaturu. After hearing evidence and addresses from counsel, the tribunal in a considered judgment dismissed the p…