GARBA JCA (Delivering the Lead Judgment): Pursuant to paragraph 15(a) of the First Schedule to the 1999 Constitution and section 26 of the Electoral Act, 2006, the 2nd respondent: Independent National Electoral Commission, conducted elections into theoffices of the Governor and Deputy Governor of Yobe State, like other States of the Federation, on 14 April 2007. The 1st appellant and the 1st respondent participated in the election and contested as candidates for the office of the Governor. The 1st appellant was sponsored by the 2nd appellant; the Peoples’ Democratic Party (PDP), while the 1st respondent contested under the banner of the All Nigeria Peoples’ Party (ANPP). At the end of the election, the 2nd respondent declared and returned the 1st respondent as the winner of the said election having scored majority of the lawful votes cast at the election.
The appellants being dissatisfied and aggrieved by the declaration and return of the 1st respondent as the winner of the election,…