MAHMUD MOHAMMED, J.S.C (Delivering the Lead Ruling): The dispute between the parties in this appeal arose from the election of the 1st Respondent as the Governor of Niger state following the nationwide election held on 14th April, 2007 in which the declaration of the results thereof on 15th April, 2007, saw the 1st Respondent as the winner. The Appellants who lost at the election filed their Election petition at the Election Tribunal and sought for the nullification of the election. The Election Tribunal after giving the parties a hearing, dismissed the 1st Respondent's preliminary objection to the hearing of the petition and proceeded to dismiss the petition as well on the merits.
Aggrieved by the decision of the Election Tribunal, the Appellant appealed against it to the court of Appeal while the 1st Respondent also crossed-appealed. After hearing the appeal and the cross-appeal, the court of Appeal in its judgment delivered on 19th February, 2009, dismissed the appeal but proceede…