FELIX IGWE V. MIKE OMUNAKWE WALI & ORS

AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of the National Assembly Election Tribunal sitting in Port Harcourt delivered on 29th September, 1992. The appellant (1st respondent at the Tribunal) and the 1st respondent (Petitioner at the Tribunal) were candidates in the National Assembly Elections held on 4th July, 1992 into the House of Representatives for Obio/Akpor Federal Constituency. The appellant contested the election on the platform of the Social Democratic Party (S.D.P.) while the 1st respondent contested on the platform of the National Republican Convention (N.R.C.).

At the end of the elections, the appellant was credited with 28,555 votes to the 1st respondent's 28,113 votes. The 3rd respondent (Resident Electoral Commissioner) therefore declared the appellant duly elected with a majority of 442 votes over his 1st respondent opponent.

The 1st respondent was dissatisfied with the result declared. He therefore filed a petition at the …