CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): On 8/12/11, this court allowed this appeal, set aside the Judgment of the lower tribunal ordering a re-run election in the Ika North East L.G.A. of Ika Federal Constituency, sustained the declaration of the 1st Appellant as the winner of the election in the said Federal Constituency and reserved its reasons for the Judgment to a future date. I will now proceed to give our reasons for that Judgment.
The appeal had emanated from the decision of the lower tribunal granting the petition of the Petitioners: Hon (Engr.) Doris Uboh and Peoples Democratic Party (PDP) (1st and 2nd Respondents in this appeal) against Victor Nwokolo (1st Appellant herein), Independent National Electoral Commission (3rd respondent herein) and Accord Party (2nd Appellant herein) and ordering a re-run election in one of the two Local Government Areas - Ika North-East Local Government Area that make up the Federal Constituency on the ground that th…