CHIOMA EGONDU NWOSU-IHEME (Ph.D), J.C.A, (Delivering the Leading Judgment): The Appellant in Appeal No.CA/B/EPT/173/08, Hon. Ehiogie West-Idahosa was the 1st Respondent in Petition NO.EDNA/EPT/6/07 at the lower tribunal. He was the Candidate of the 21st Respondent in this appeal, the Peoples Democratic Party (PDP) at the House of Representative election for Ovia Constituency held on the 21/4/07. The 1st Respondent in the appeal, Engr. Nosakhare Isaac Osahon, was the Candidate of 2nd Respondent, the Action Congress (A.C.). The 3rd to 20th Respondents in the appeal were the Independent National Electoral Commission, INEC, and its officials that conducted the said election.
At the conclusion of the election, the appellant was declared victorious and returned as elected. Dissatisfied with the declaration and return, the 1st and 2nd Respondents, as Petitioners, commenced proceedings by way of an Election Petition which they later amended at the lower tribunal by which they questioned the e…