AUGIE, JCA (Delivering the Lead Judgment): The appellant, a candidate of the Alliance for Democracy (AD) contested election into the Delta State House of Assembly for Ughelli North Constituency 2 held on Saturday, the 3rd of May, 2003 in Ughelli North Local Government Area, wherein the 2nd - 5th respondents declared and/or returned the 1st respondent, a candidate of the Peoples Democratic Party (PDP), as having won the election. Being dissatisfied, the appellant filed a petition against the respondents before the Election Tribunal sitting at Asaba on the 28th May, 2003. The 1st respondent entered a conditional memorandum of appearance on 2nd June, 2003 and on the 5th of June 2003, filed a motion praying for an order striking out/dismissing the petition on the grounds of incompetence, non-compliance with the mandatory provisions of the Electoral Act 2002, and jurisdiction”. In striking the petition, the Election Tribunal held as follows: “In conclusion, we are in agreement with the l…