MARY U. PETER-ODILI, J.C.A. (Delivering the Leading Judgment): The appellant, Independent National Electoral Commission (INEC) in this first appeal is appealing against the judgment of the Governorship/Legislative Houses Election Tribunal sitting at Lokoja, Kogi State delivered on the 6th of October, 2007. The appellant herein was the 1st respondent to the petition filed by the 1st and 2nd respondents in which they challenged the election and return of the 3rd respondent as the member representing lokoja II Constituency in the Kogi House of Assembly.
The petition was predicated on a sole ground of the alleged unlawful exclusion of the 2nd respondent from the said election by the Appellant. The petitioners at the Tribunal will continue to be referred to as 1st and 200 respondents in this appeal, while the 2nd and 3rd respondents to the petition are referred to as 3rd and 4th. The Tribunal in its judgment delivered on 6th October, 2007 allowed the petition and nullified the election and…