NZEAKO, JCA (Delivering the Lead Judgment): This is an appeal against the ruling delivered on 7th June, 2003 by the Legislative Houses/ National Assembly Election Tribunal sitting in Gombe, Gombe State, Nigeria.
Both the 1st appellant and the 1st respondent were candidates at an election conducted on 12th April, 2003 for the Kaltungo/Shongom Federal Constituency seat into the House of Representatives. The 1st respondent, a candidate of the All Nigeria People’s Party (ANPP), the 28th respondent herein was returned elected, having been adjudged to have scored the highest number of valid votes cast. The 1st appellant, a candidate of the People’s Democratic Party (P.D.P.) who had the next highest votes petitioned the above Tribunal, challenging the return of the 1st respondent.
In accordance with the provisions of the Electoral Act, 2002, the 1st respondent entered a conditional appearance on 21/5/2003 upon service of the petition on him, and followed up on 2/6/2003 with his reply to the…