TOBI, J.C.A. (Delivering the Leading Judgment): The appellant and the 1st respondent contested the election into the House of Representatives in the Funtua Federal Constituency on the 4th of July 1992. While the appellant contested the election under the platform of the Social Democratic Party (S.D.P.), the 1st respondent contested the election under the platform of the National Republican Convention (N.R.C.). By the official results, the appellant scored 11,507 votes while the 1st respondent scored 23,736 votes. The 1st respondent was accordingly declared duly elected by the 4th respondent.
The appellant filed a petition at the National Assembly Election Tribunal, Katsina contesting the election result. He averred in his petition that "the 1st respondent obtained an apparent and colourable majority over the petitioner whereas in truth and in fact your petitioner had a majority of lawful votes of the electors in Funtua Federal Constituency." The appellant also claimed in his petition …