SANUSI JSC (Delivering the Lead Judgment): This is an appeal against the ruling of the Court of Appeal, Yola Division (the lower court) delivered on 5 February 2016, in which the application of the appellants was dismissed. The background facts which gave rise to this instant appeal are simple and straightforward. The first appellant was sponsored by his party the 2nd appellant and he contested election for membership of A House of Representatives in Akko Federal Constituency in Gombe State held on 28 March 2015 and won the said election.
He contested the said election against the 2nd respondent who was sponsored by the 1st respondent, the Peoples’ Democratic Party (PDP). Not satisfied with the declaration and return of the two appellants as winners of the said election by the 3rd respondent (INEC), the 1st and 2nd respondents filed petition before the National and State Assemblies Election Petition Tribunal of Gombe State (‘the tribunal’ for short). The groundsupon which they petiti…