GEORGE O. SHOREMI, JCA (DELIVERING THE LEADING JUDGMENT): On 14th May, 2007 the Appellant filed a petition against the Respondent at the Governorship/Legislative Houses Election Tribunal Benin City challenging the return of the 1st Respondent as the winner of the House of Assembly election for Esan Central Constituency held on 14th April, 2007.
Issues were joined in the petition. The appellant's application for leave to call additional witnesses was refused by the lower tribunal on 17/10/07. The appellants duly appealed against the decision on 27/10/07. After hearing the witnesses called by the petitioner and after consideration of the written addresses filed by counsel on both sides the tribunal on 22/1/8 delivered its judgment in which it dismissed the appellant's petition.
Dissatisfied with the judgment the appellant on 8th February 2008 filed their notice of appeal against the judgment see page 587-590 of the record. When the appeal came up for hearing Mr. Obamogie of the learned …