UCHE EJIOGU V. UCHE ONYEAGUOCHA INDEPENDENT NATIONAL ELECTO RAL COMMISSION (INEC) THE RETURNING O F FICER, O WERRI FEDERAL CONSTITUENCY THE ELECTORAL O F FICER, O WERRI MUNICIPAL LOCAL GOVERNMENT AREA THE ELECTORAL O F FICER, O WERRI NORTH LOCAL GOVERNMENT AREA THE ELECTORAL OFFICER, OWERRI WEST LOCAL GOVERNMENT AREA THE RETURNING OFFICER, NAZE WARD THE RETURNING OFFICER, OBIBIEZENA WARD THE RETURNING OFFICER, EMEKUKU I WARD THE RETURNING OFFICER, ORGY WARD THE RETURNING OFFICER, EMEKUKU II WARD THE RETURNING OFFICER, EMII WARD THE RETURNING OFFICER, OAU WARD THE RETURNING OFFICER, IHITTA OHA WARD THE RETURNING OFFICER, EZIBODO WARD P RESIDING OF FICER, CO MM UNITY PRIMARY SCHOOL, AMAORIE POLLING STATION P RESIDING O FF ICER, O KP URUAKWA POLLING STATION P RESIDING O FF ICER, AMAEJIAFO R AMAORIE VILLAGE SQUARE POLLING STATION PRESIDING OFFICER, EBIKORO AMAEZE POLLING STATION PRESIDING OFFICER, PRIMARY SCHOOL OBOKWU AVU PRESIDING OFFICER, CENTRAL SCHOOL AVU (CODE 002) PRESIDING OFFICER, CENTRAL SCHOOL AVU (CODE 003) PRESIDING OFFICER, CENTRAL SCHOOL AFOROLA (CODE 005) PRESIDING OFFICER, CENTRAL SCHOOL AFOROLA (CODE 006) PRESIDING OFFICER, OGBAKORO VILLAGE P RESIDING OF FICER, OF OROLA SECONDARY SCHOOL PRESIDING OFFICER, PRIMARY SCHOOL AVU PRESIDING OFFICER, CENTRAL SCHOOL AVU (CODE 010) PRESIDING OFFICER, NK WO OLO KWU MARKET SQUARE PRESIDING OFFICER, UMUDIM/UMUIKEA POLLING STATION PRESIDING OFFICER, KUMUODU/EGBELU VILLAGE SQUARE P RESIDING OF FICER, DEVELO PM ENT PRIMARY SCHOOL, UMUOKPO P RESIDING O FF ICER, L.A. PRIM ARY SCHOOL, UMUOKPO PRESIDING O FFICER, NK ASI VILLAGE SQUARE PRESIDING OFFICER, ESTATE SECONDARY SCHOOL, EMEABIAM P RESIDING O FF ICER, CO-OP ERATIVE PRIMARY SCHOOL, OKPUALA P RESIDING OF FICER, NDUCITY COMMERCIAL SCHOOL, OKPUALA PRESIDING OFFICER, AFORUKWU MARKET SQUARE PRESIDING OFFICER, UMUIKEA TOWN HALL (CODE 011) PRESIDING OFFICER, UMUIKEA TOWN HALL (CODE 012) PRESIDING OFFICER, PRIMARY SCHOOL UMUSO P RESIDING OF FICER, CO MM UNITY SCHOOL OKOLOCHI P RESIDING O FF ICER, DANBEN COMMERCIAL COLLEGE OKOLOCHI P RESIDING O FF ICER, O GBAK ORO OHAMARA OKOLOCHI (CODE 018) PRESIDING OFFICER, UMUIKEA TOWN HALL (CODE 019) P RESIDING O FF ICER, O GBAK ORO OHAMARA OKOLOCHI (CODE 020) P RESIDING O FF ICER, O GBAK ORO OHAMARA OKOLOCHI (CODE 021) PRESIDING OFFICER, UMUALUM PRIMARY SCHOOL NEKEDE (CODE 001) PRESIDING OFFICER, UMUALUM PRIMARY SCHOOL NEKEDE (CODE 001) PRESIDING OFFICER, UMUALUM PRIMARY SCHOOL NEKEDE (CODE 001) P RESIDING OF FICER, NEKEDE TOWN SCHOOL (CODE 004) PRESIDING OFFICER, UMUALUM PRIMARY SCHOOL NEKEDE (CODE 005) P RESIDING OF FICER, NEKEDE TOWN SCHOOL (CODE 006) PRESIDING OFFICER, CENTRAL SCHOOL NEKEDE P RESIDING OF FICER, NEKEDE TOWN SCHOOL (CODE 009) P RESIDING OF FICER, NEKEDE TOWN SCHOOL (CODE 010) PRESIDING OFFICER, OGBAKORO VILLAGE SQUARE PRESIDING OFFICER, ORIE UM UDIBIA HALL P RESIDING OF FICER, CO MM UNITY SCHOOL UMUDIBIA PRESIDING OFFICER, UMUKOTO VILLAGE SQUARE PRESIDING OFFICER, CENTRAL SCHOOL NEKEDE (CODE 014) PRESIDING OFFICER, NEKEDE SECONDARY SCHOOL P RESIDING OF FICER,O GBAK ORO UMUDOCHIE (CODE 016) PRESIDING OFFICER, CENTRAL SCHOOL NEKEDE (CODE 017) P RESIDING O FF ICER, O GBAK ORO UMUDOCHIE (CODE 018) PRESIDING OFFICER, OHA HALL P RESIDING O FF ICER, O GBAK ORO UMUDOCHIE UMUOMA (CODE 020) PRESIDING OFFICER, UMUALUM PRIMARY SCHOOL, NEKEDE (CODE 021) PRESIDING OFFICER, ORIE UM UDIBIA HALL (CODE 022)

ADEREMI JCA (Delivering the Lead Judgment): This is an appeal against judgment ofthe NationalAssembly/Governorship/Legislative Houses

Election Tribunal holden at Owerri, Imo State of Nigeria delivered on 11th August, 2004 whereby the appellant’s petition was dismissed thus, affirming the election of the 1st respondent as the member representing the Owerri Federal Constituency at the House of Representatives of the Federal Republic of Nigeria. The petitioner/appellant had laid before the lower Tribunal the following prayers: “(1) That it may be determined that the 1st respondent was not qualified to contest the election and that the petitioner won same havingscored the highest number of lawful votes among the qualified candidates; and In the alternative

(a) That it may be determined that the petitioner, instead of the 1st respondent, wonthe election by majorityof lawful votes cast at the election and ought to be returned; and still in the alternative (b) that it may be determined t…