JOHN HALIMS O. AGODA, ESQ. V. CHIEF EMUOBONUVIE JUDITH ENAMUOTOR & ORS

ROWLAND, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the National Assembly Election Tribunal for Edo and Delta States sitting at Asaba, Delta State. The decision appealed against was given on 30th day of April, 1999 in Petition No. DT/EPT/NA/5/99.

The case arose from the election into the House of Representatives which took place on 20th February, 1999. The Constituency, the election of which led to this matter is the Ethiope Federal Constituency in Delta State. In the election which I have said took place on 20/2/99, the Appellant herein (MR. HALIMS AGODA OF ALL PEOPLES PARTY) who was the first Respondent at the Tribunal was declared winner with 46,327 votes while the first Respondent herein (CHIEF JUDITH ENAMUOTOR OF THE PEOPLES DEMOCRATIC PARTY) came second with 39,356 votes while the ALLIANCE FOR DEMOCRACY had 147 votes. The first Respondent herein in a petition presented at the Tribunal challenged the election contending in the main that an an…