OGUNTADE, JCA: (Delivering the Lead Judgment): The appellant was the petitioner before the Kogi State National Assembly/Governorship and Legislative Houses Election Tribunal, holden at Lokoja. By the petition filed on 21/5/03, he challenged the declaration of the 2nd respondent by the 1st respondent as the winner of the Kogi State House of Assembly seat for Lokoja/State Constituency. In paragraph 16 of the petition, the petitioner pleaded as follows: “16. At the hearing of the petition, your petitioner will contend that the 2nd respondent was not a candidate or qualified to be a candidate to contest the election in that: That by provisions of section 23 of the Electoral Act, 2003, the party cannot make further substitutions or withdrawal of a candidate’s name within a period less than 30 days from the date of the election unless the candidate dies or voluntarily withdraws.
That the latest date the party could effect withdraw (sic) and substitution was 3rd April, 2003.
That the purport…