GARBA JCA (Delivering the Lead Judgment): The appellant and the 1st respondent were candidates at 14 April 2007 election, conducted by the 3rd respondent for the Aba North State Constituency of Abia State. The appellant was sponsored by the Peoples’ Democratic Party (PDP), while the 1st respondent was sponsored by the 2nd respondent, Progressive Peoples’Alliance (PPA). At the end of the election, the 1st respondent was declared and returned as the winner having scored majority of lawful votes cast at the election.
Aggrieved by the return, the appellant in accordance with section 285(2) of the Constitution of the Federal Republic of Nigeria, 1999, and section 144(1)(a) of the Electoral Act, 2006, presented an election petition before the Governorship and Legislative Houses Election Tribunal, Abia State, challenging same (to be henceforth referred to as the tribunal). The grounds for questioning the election as contained in the amended petition dated 13 July 2007, were as follows:- Tha…