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OMOLEYE JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the National Assembly/Governorship and Legislative
Houses Election Petition Tribunal sitting at Lokoja delivered on 21 August 2007.
The appellant as petitioner filed a petition dated 15 May 2007 against the respondents wherein he claimed the following reliefs:
That the 1st respondent was not duly elected to the Kogi State
House of Assembly for Ankpa II Constituency; and
(i ) That a fresh election be ordered in that regard.
The grounds upon which the petition was brought are:
(a) That the election was invalid by reason of corrupt practices or and for non-compliance with the provisions of the Electoral Act; and
(b) That the 1st respondent was not duly elected by the majority of lawful votes cast at the election.
The brief background facts of this matter are that after the filing of the appellant’s petition, the 1st respondent filed his reply thereto; see pages 58 to 60 of the record. In paragraph 11 of the said…