MR. E.G. AKPULE V. MR. EFIRIYA-ENDI E. AGBEOTU & ORS

BABA ALKALI BA'ABA, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the National Assembly Election Petition Tribunal sitting at Asaba, Delta State. Delivered on 3/5/99. The Petitioner/Appellant and the 1st Respondent were candidates in the elections held into the Burutu Federal Constituency on 20/2/99, for the House of Representatives on the platform of the Peoples Democratic Party (PDP) and the All Peoples Party (APP) respectively.At the conclusion of the election the 1st Respondent was declared and returned as the winner of the said election, having scored 29,095 votes against the Petitioner/Appellant's 21,958 votes. The Petitioner/Appellant was unhappy with the declaration and return of the 1st Respondent as a result the Petitioner/Appellant, filed a petition before the National Assembly Election Petition Tribunal on 3/3/99, contained at pages 1-6 of the record and questioned the declaration and return of the 1st Respondent on a number of ground…