SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Election Petition Tribunal Anambra State (Panel 1) sitting at Awka, presided over by Hon. Justice J. S. Abiriyi delivered on 23rd of October 2007.
By the petition dated and filed 10th May 2007 the Appellant challenged the return of the 1st Respondent as the winner of the election held on the 14th day of April 2007 for the position of member representing Anaocha II Constituency in the Anambra State House of Assembly.
The petition was predicated on two grounds namely:
(1) "That the 1st Respondent was not duly elected by a majority of Lawful Votes cast at the election as voting was frustrated.
(II) The return of the 1st respondent at the election (for Anambra State House of Assembly Anaocha II Constituency was invalid by reason of corrupt practices and non compliance with the provisions of the Electoral Act 2006".
Learned Counsel to the 1st respondent filed a motion on notice dated 28…