EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): On 28th April, 2007 the re-scheduled election in the Abia Central Senatorial District was held to elect a Senator representing the District in the Senate of the Federal Republic of Nigeria. At the end of the election the Independent National Electoral Commission, 2nd Respondent in the petition and this appeal, declared the 1st Respondent in the petition and this appeal, the winner and accordingly returned her as duly elected Senator for the said Abia Central Senatorial District of Abia State.
The appellant, dissatisfied with the declaration and return of the 1st Respondent by the 2nd Respondent, filed his petition at the National Assembly/Governorship and Legislative Houses Election Tribunal sitting at Umuahia on 26th May, 2007. The election Tribunal heard evidence and dismissed the petition on 26th November, 2007. The trial Tribunal, inter-alia, found and held that:
i. The Petitioner failed to establish that the 1st Respondent was…