RHODES-VIVOUR, J.C.A. (Delivering the Leading Judgment): The Senatorial elections were held on the 12th day of April 2003 to fill the offices of Senators for all the States in Nigeria. The elections were conducted by the Independent National Electoral Commission (not a party to the petition).
The 1st appellant, 1st respondent and one Engr. Y. Y. Sani contested for the Niger South Senatorial District.
The 1st appellant contested as candidate of the United Nigeria Progressive Party (UNPP) and was credited with 51,169 votes.
Engr Y. Y. Sani contested as candidate of the All Nigeria Peoples Party (ANPP) and was credited with 44,643 votes, while the 1st respondent contested as candidate of the Peoples Democratic Party (PDP) and was credited with 200,489 votes.
The 1st respondent won the election as the elected Senator for Niger South Senatorial District and was duly returned by the Independent National Electoral Commission.
Dissatisfied with the results, the petitioner brought a petiti…