BADA JCA (Delivering the Lead Ruling): The appellant contested for the Kogi Central Senatorial District election on 21 April 2007 under the platform of theAll Nigeria Peoples Party (A.N.P.P.) while the1st respondent/ applicant did contest under the Action Congress (A.C.) among other contestants in other political parties. The 1st respondent was declared the winner whereupon the appellant presented his petition before the National Assembly/Governorship and Legislative Houses Election Petition Tribunal, hereinafter called “the Tribunal”.
At the conclusion of hearing, the Tribunal in its judgment delivered on 8 October 2007 held that the petitioner failed to prove the petition and it was dismissed.
Dissatisfied with the judgment, the appellant now appealed to this court.
The 1st respondent/applicant by a notice raised preliminary objection to the hearing of this appeal and by a motion on notice dated 19 November 2007 and filed in this court on 20 November 2007, prayed for the following re…