DAVID OPOPO ATIKPEKPE V. ARUBI OYE JOE & ORS

ISA AYO SALAMI, J.C.A. (Delivering the Leading Judgment): The petitioner was the candidate of People's Democratic Party for the chairmanship election to the Warri South-West Local Government. The appellant was the Alliance for Democracy candidate in the chairmanship election for Warri South-West Local Government. One Samson Ogboduwa, the All Peoples Party candidate for the office of chairman of Warri South-West Local Government scored 7,305 votes. The returning officer, having collated the results of balloting from the various wards in the Local Government declared the appellant as the Winner for receiving 50,343 votes. The first respondent who received 8,790 votes was not happy with the appellant's victory hence he headed for the Delta State Local Government Council Election Tribunal.

The first respondent presented a petition to the tribunal alleging that there has been falsification of votes. Issues were joined and after a trial, in reserved and considered judgment, the tribunal set…