FRED OKECHUKWU EKPE V. WILSON MORAH & 6 ORS

MUSA DATTIJO MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The 1st respondent in this appeal was the petitioner in the trial tribunal while the appellant was the 1st respondent. Fred Okechukwu Ekpe contested the election into the Anambra State House of Assembly for the Njikoka Local Government Area constituency 1. He did so on the platform of the Peoples Democratic Party (PDP). On the other hand, Wilson Morah contested for the same seat but on the platform of the All Peoples party (APP). At conclusion of polls which took place on 1st January, 1999, the 1st respondent scored 10,005 votes while the appellant scored 10,498 votes. The appellant was returned the duly elected member for Njikoka constituency 1 as a result. The 1st respondent was not satisfied with this declaration and approached the Anambra State Governorship and Legislative House Election Tribunal asking for the following reliefs:-

(a) "That it be determined that the 1st respondent was not validly elected as member, A…