NDUKWE-ANYANWU JCA (Delivering the Lead Judgment): This is an appeal against the decision of the election petition tribunal holden at Damaturu, Yobe State. The 1st appellant, Hon. Alhaja Fatimah Talba and All NigeriaPeoples’ Party (ANPP), were the petitioners in the lower tribunal. The 1st respondent Alhaji Adamu Garuba Talba of Peoples’ Democratic Party (PDP) was declared winner of the elections into the Yobe State South Senatorial Seat. The appellants were aggrieved and they presented a petition at the lower tribunal on 18 May, 2007. The 1st respondent scored a total of 75,611 votes to defeat the 1st appellant who scored 65,644 votes. The petition went to full trial and at the end the tribunal delivered its judgment on 5 October, 2007, dismissing the appellants’ petition. Being dissatisfied, the appellants filed their notice and 14 grounds of appeal. The appellants distilled 5 issues for determination set out hereunder.
(1) Whether the facts stated by the petitioners in their petit…