MUSDAPHER, JCA (Delivering the Leading Judgment): Pursuant to the provisions of the Presidential Election (Basic Constitutional and Transitional Provisions) Decree No.6 of 1999, hereinafter referred to as the Decree, the Independent National Electoral Commission herein referred to as INEC conducted the presidential election throughout the Federation on the 27th February, 1999. At the said election two candidates vied for the post. Chief Samuel Oluyemi Falae was the candidate sponsored by the All Peoples Party (A.P.P.) while General Olusegun Obasanjo was the candidate of Peoples Democratic Party (P.D.P) On the 1/3/99 the Chief Electoral Officer of the Federation, the second respondent herein, declared that Chief Samuel Oluyemi Falae received 11,110,287 votes and that the said General Olusegun Obasanjo received 18,739.154 votes. The second respondent aforesaid accordingly returned General Olusegun Obasanjo as being duly elected President of the Federal Republic of Nigeria.
Chief Samuel …