IKONGBEH, J.C.A. (Delivering the Leading Judgment): The only real issue involved in this appeal is one of fact. Did election hold in Ward 13 of Abua/Odua Local Government Area on 20/3/99 or did it not? Although the appellant framed five issues for determination, this is the only one on which the appeal can, having regard to the decision appealed from and the grounds of appeal (unnecessarily proliferated as they were), be disposed of.
The appellant was the 1st respondent before the Rivers State Local Government Election Tribunal. The 1st respondent herein was the petitioner before that Tribunal. He and the 1st respondent/appellant contested the seat of chairman of the Abua/Odual Local Government. At the end of polls, the 3rd respondent, i.e., the local government returning officer, returned the 1st respondent/appellant as duly elected on the ground that he had scored the majority of the valid votes cast at the election.
Dissatisfied with the results as thus announced, the petitioner/…