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NZEAKO, J.C.A. (Delivering the Leading Judgment): At the Oju Local Government Area of Benue State of Nigeria Chairmanship elections held on 5th of December 1998 and another election of 12th December 1998, the appellant and the 1st respondent were candidates. The Independent National Electoral Commission (INEC) at the conclusion of the elections declared the 1st respondent the winner.
Dissatisfied with the decision of INEC, the appellant filed a petition at the Local Government Council Election Tribunal holden in Makurdi. The petitioner/appellant in his petition complained:
(1) That the 1st respondent was not qualified to contest the election.
(2) That the 1st respondent was not validly elected by a majority of valid votes cast at the election.
(3) That the bye-election held at Ainu Council Ward on 12th December 1998 was unlawful as the election was voided by corrupt practices, offences and non-compliance with the provisions of the Decree.
Among others, the petition stated that the pet…