ABBA-AJI, J.C.A. (Delivering the Leading Judgment): The appellant, Samuel Jimoh Eshenake and the 1st respondent, along with other candidates contested the election into the Federal House of Representatives for Okpe, Sapele and Uvwie federal constituency of Delta State held on the 12th day of April, 2003. The 1st respondent, Chief Napoleon Gbinije who contested the election under the platform of Peoples Democratic Party (PDP) was duly declared the winner of the election by the 2nd respondent.
The appellant who contested the election under the platform of Alliance for Democracy (AD) was dissatisfied with the declaration of the 1st respondent as the winner of the election and filed a petition before the National Assembly/Governorship and Legislative Houses Election Tribunal, Delta State sitting at Asaba. In the petition dated the 10th day of May, 2003, the appellant in paragraph 27 of the petition sought for the following orders/reliefs:-
"(1) That the petitioner be declared validly elec…