UZO NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): On 14th April, 2007 elections were held throughout Nigeria into the various States Houses of Assembly. In Benue State, the Petitioner Kwaghga Osbert Ityomyima sponsored by the Action Congress (AC) contested against the 1st Respondent Terseer Tsumba sponsored by Peoples Democratic Party (PDP) for the Buruku State - Constituency seat. At the end of the election the 1st Respondent Terseer Tsumba was returned as the candidate duly elected.
The Petitioner being dissatisfied with the return of the 1st Respondent filed his petition on the 14th of May, 2007 against the 1st Appellant Terseer Tsumba, Peoples Democratic Party (PDP) as 2nd Respondents and against the 3rd - 211th Respondents who are officers of Independent National Electoral Commission (INEC).
In the petition the Petitioners stated that there were three candidates who contested the Buruku State Constituency Seat. The Petitioner came 2nd scoring 7,966 votes, the 1st Ap…