CHIOMA EGONDU NWOSU-IHEME, (PH.D.), J.C.A. (Delivering the Leading Judgment): The Appellant and the 1st Respondent were candidates for the Delta State House of Assembly elections for Aniocha South Constituency held on 14th of April, 2007 and conducted by the 2nd to the 12th Respondents. While the Appellant contested that election under the platform of the Peoples Democratic Party, the 1st Respondent contested under the 13th Respondent, the Accord Party. At the conclusion of the said election, the 1st Respondent was declared winner and thus returned as elected by the 2nd and 3rd Respondents. Aggrieved by the declaration and return, the Appellant, as Petitioner in the lower tribunal commenced proceedings therein by petition challenging the said declaration and return on six grounds set out in the petition as follows:
"(a) The 1st Respondent returned as winner of the election did not contest the election under any party from the printed ballot paper used for the election and in particula…