SALISU ALI BASHEER V. POLYCARP SAME & ORS

ADIO, J.C.A. (Delivering the Leading Judgment): In the election petition filed by the appellant before the Governorship and Legislative Houses Election Tribunal at Jalingo, Taraba State, the appellant challenged the election or return of the 1st respondent to the State House of Assembly in the Donga Local Government Area Constituency of Taraba State in that:-

(a) lawful votes cast in nine (9) polling units of Gayama Ward of the State House of Assembly Constituency of Donga Local Government Area were unjustifiably, unreasonably and unlawfully excluded from the final results of the constituency of the State House of Assembly;

(b) the petitioner polled a total of 3,751 votes in the aforesaid nine polling units while the 1st respondent polled a total of 823 votes;

(c) if the results of the aforesaid nine polling units had not been unjustifiably, unreasonably and illegally excluded, the petitioner would have polled a total of 30,703 votes against the 1st respondent's 29,939 votes.

In view…