MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): In the rescheduled election held on 28th April, 2007 into the Abia State House of Assembly for the Obingwa East State constituency, the Appellant, sponsored by Progressive Peoples' Alliance (PPA) and the 1st Respondent on the platform of the Peoples Democratic Party (PDP), were candidates among others. At the end of the election, the 3rd Respondent, through the 4th - 7th Respondents declared and returned the 1st Respondent as the winner. Dissatisfied with the return, the Appellant presented an election petition against same before the Governorship and Legislative Houses Election Tribunal Abia State (hereinafter lower tribunal) on three (3) grounds as follows:
1. The election of the 1st Respondent was invalid by reason of corrupt practices, violence and or noncompliance with the provisions of the Electoral Act.
2. The 1st Respondent was not elected by a majority of the lawful votes cast at the election
3. Petitioner avers …