SAKA ADEYEMI IBIYEYE, J.C.A.: (Delivering the Leading Judgment): The appellant, Mr. Kien-Asuode Michael Seikegba, who was the Petitioner and the 1st respondent, Mr. Kalanama Penawou, who maintains the same position in this appeal alongside three other contestants before the Delta state Local Government Election Tribunal sitting in Asaba (thereafter referred to as the Tribunal) vied for the office of the Chairman of Bomadi Local Government council in a bye-election which took place on the 20th day of March 1999. The appellant and the 1st respondent, among others, contested on the platforms of the Peoples Democratic Party (P.D.P.) and All Peoples Party (A.P.P.) respectively. At the close of poll, the 1st respondent was returned by the 2nd to the 6th respondents as the Chairman of Bomadi Local Government council having scored a total of 11,718 votes as against 10,712 votes scored by the appellant.
The appellant felt aggrieved by this declaration and he filed a petition before the Tribun…