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SAKA ADEYEMI IBIYEYE, OFR, J.C.A. (Delivering the Leading Judgment): The governorship election in Imo State was conducted on 28/4/2007 by the 2nd Respondent (INEC). The Petitioner and the 1st Respondent were amongst the sixteen (16) candidates who contested the election.
At the conclusion of the exercise, the 3rd Respondent, being the returning officer, returned the 1st Respondent as duly elected Governor of Imo State.
The Petitioner, who came second in the election, dissatisfied with the return of the 1st Respondent on 24/5/2007, filed a petition at the lower tribunal against the 1st Respondent and 3,892 others. Amongst the Respondents are Independent National Electoral commission (INEC), the Resident Electoral commissioner, Imo State, and some electoral officials who conducted the election.
The Petition is predicated on two grounds as clearly set out in paragraph 8 and state as follows:-
"The Petitioner brings this petition on the following grounds, namely:
(i) That the return of t…