MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of the Governorship and Legislative Houses Election Petition Tribunal for Imo State sitting at Owerri delivered on the 22nd day of July 2009 in Petition No EPT/NA/IM/07/07.
On 21st day of April 2007, an election was conducted by Independent National Electoral Commission INEC (hereinafter called the 1st Respondent) for membership of the Federal House of Representatives for Nkwere/Isu/Njaba/Nwangele Federal Constituency of Imo State wherein Chief (Mrs.) Juliet Akano (3rd Respondent) who was the candidate of Peoples Democratic Party - PDP (2nd Respondent) was declared winner and returned as the successful candidate.
Dissatisfied with the result of that election, Nze Jeremiah Osigwelem (petitioner/appellant) who also contested that election on the platform of the All Nigerian Peoples Party (ANPP) filed a petition to challenge the return of the 3rd respondent as the winner of the election …