OGEBE, J.C.A. (Delivering the Leading Judgment): In the Local Government Election for the chairmanship of Gujba Local Government Council of Yobe State held on the 5th day of December, 1998, the 1st respondent in this appeal, contested the election on the platform of the All People's Party against the appellant who was sponsored by the People's Democratic Party. The appellant won the election scoring 6,850 votes as against 5,169 votes scored by the 1st respondent i.e. a difference of 1,681 votes.
The 1st respondent filed a petition at the tribunal signed on 30th December, 1998 praying that it be determined that the appellant was not duly returned and that his election was void and for a declaration that a bye-election be conducted at the said Goniri Ward.
His ground for the petition was that no election was held at Goniri Ward alleging that supporters of the appellant refused to allow the 2nd respondent's staff to conduct the election.
The tribunal declared the election to be void and …