HON. EMIBRA EFIRIANDI AGBEOTU V. MR. TAMARATARE BRISIBE THE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) THE RETURNING OFFICER, BURUTU FEDERAL CONSTITUENCY THE ELECTORAL OFFICER, BURUTU LOCAL GOVERNMENT AREA

AMAIZU JCA (Delivering the Lead Judgment): The appellant, Hon.

Emibra Efiriandi Agbeotu, the 1st respondent Tamaratare Brisibe and other candidates, contested the election into the Federal House of Representatives for Burutu Federal Constituency of Delta State. The election was held on Saturday, 12th April, 2003. The above two named candidates contested the election on the platforms of All Nigeria Peoples Party (ANPP) and Peoples Democratic

Party (PDP) respectively. At the end of the election, the 2nd respondent , the Independent National Electoral Commission (INEC for short) a statutory body which is charged with the responsibility of conducting the election, declared the following results:- A.D. 586 A A.N.P.P. 13,556 N.D.P. 47 P.D.P. 50,922 U.N.P.P. 9 The 1st respondent having been recorded as scoring the highest number of votes was declared as duly elected by the 2nd respondent.

The appellant was dissatisfied with the result of the election. He filed a petition before the National A…