RABIU DANLAMI MUHAMMAD, J.C.A. (Delivering the Leading Judgment): On the 5th of December, 1998 elections were held nationwide into all the Local Government Councils of Nigeria. The 2nd appellant contested the Chairmanship of Kubau Local Government Council of Kaduna State under the platform of the Peoples Democratic Party (PDP) while the 2nd respondent was sponsored by the All Peoples Party (APP) to contest the said chairmanship election. After the election, the third respondent i.e. the Independent National Electoral Commission (INEC) returned the 2nd respondent as duly elected.
The 1st and 2nd appellants were aggrieved with this decision. They filed a petition at the Local Government Council Election Tribunal, Kaduna challenging the election result. It was averred in the petition that the 2nd respondent was not duly elected by a majority of votes cast at the election and that the election was voided by non-compliance with the provisions of the Decree. The appellants also claimed that…