CHUKWUMA-ENEH, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the decision of the Local Government Council Election Tribunal of Borno State sitting at Maiduguri in the election petition presented by Alhaji Tijjani Mohammed (as the petitioner) against the declaration of Sugun Mai Mele as the winner of the election for the chairmanship seat of Guzamala Local Government Council. At the Election Tribunal the 1st respondent in this appeal was the petitioner and contested the election as a candidate of the All People's Party (APP) while the appellant herein (i.e, the 1st respondent before the tribunal) contested as a candidate under the platform of the People's Democratic Party (PDP).
The main complaints of the petitioner as articulated in his amended petition were founded on firstly, non qualification of the 1st respondent to contest the election as he was still a senior staff of Mobbar Local Government Damasak and did not properly "withdraw or resign his appointment",…