CHIOMA EGONDU NWOSU-IHEME (Ph.D), J.C.A. (Delivering the Leading Judgment): This appeal emanates from the Judgment of the Edo State Governorship National Assembly and Legislative Houses Election Tribunal delivered on the 1 4/4/08.
The Appellant had contested the election into the Edo state House of Assembly for Akoko-Edo II constituency held on 14/4/O7 under the platform of the Peoples Democratic Party against the 1st Respondent who contested under the Action congress and other candidates. At the end of the election, the Appellant was said to have been declared winner by the 4th - 6th Respondents. Aggrieved by the said declaration, the 1st Respondent filed a petition at the lower tribunal challenging the declaration on grounds which included that the 3rd and 4th Respondents having initially cancelled the election in that constituency, had no power to later announce a result declaring the Appellant winner.
The petition went to trial at the conclusion of which the lower tribunal upheld…