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JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the National Assembly/Governorship and Legislative Houses Election Tribunal holden at Port Harcourt, Rivers State of Nigeria delivered on 7th May, 2004. The Petition of the Appellant herein, as Petitioner thereat, against the Respondents was, after a full hearing, dismissed.
It is necessary to recapitulate the background facts leading to these appeals so as to have a clear focus in considering the issues postulated in the appeals. Election to place adequate indigenes of Rivers State on the vacant seats at the River State House of Assembly was conducted on the 3rd of May, 2003. The Appellant herein and Petitioner at the Tribunal contested the election on the platform of the All Nigeria Peoples Party (ANPP for short) while the 1st Respondent contested under the banner of the Peoples Democratic Party (PDP for short). The contest was in respect of Asari-Toru Local Government Constituen…