FABIYI JCA(Delivering the Lead Judgment): This is an appeal against the interlocutory ruling of the Election Tribunal, sitting at Awka and presided over by Boade, J. as the Chairman. The stated ruling was delivered on 29th July, 2003. The petitioner contested the Anambra State House of Assembly election on the platform of the All Progressive Grand Alliance (APGA) in Aniocha II Constituency on 3rd May, 2003. He failed to win the election as the 1st respondent who was sponsored by the Peoples Democratic Party (PDP) was declared winner and returned by the constituency returning officer. The petitioner/appellant was unhappy with the result as declared.
He filed his petition wherein he supplicated as follows:-
“1. Wherefore your petitioner prays that it may be determined that the said Joseph Dimobi was not duly elected or returned and that the said Michael-Joe Onwudinjo was validly elected having polled the highest number of lawful votes cast in the election, ought to have been returned. 2…