UWAIS, J.S.C. (Delivering the Judgment of the Court): Both the appellant and the 1st respondent were candidates in the governorship election that was held in Benue State on 13th August, 1983. The 1st respondent was declared winner by the 3rd respondent. Consequently the appellant brought an election petition in Benue State High Court at Makurdi against the respondents. In the petition the appellant prayed thus:
"....that it may be determined that the said Aper Aku was not duly elected or returned and that the votes purportedly cast for him in the Ankpa, Oju, Vandeikya, Kwande, Katsina-Ala, Bassa, Dekina, Idah and Gboko Local Government Constituencies were void, and that the said Paul Iyorpuu Unongo was duly elected and ought to have been returned.
In the alternative your petitioner prays that the whole election conducted on the 13th day of August, 1983 be declared null and void and a fresh election ordered."
In his reply the 1st respondent raised the following defences in paragraph 13…