ALI ABUBAKAR BABANDI GUMEL, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the Governorship/Legislative Houses Elections Petitions Tribunal, Asaba, Delta State in Petition No. EPT/DT/NASS/41/2007 delivered on 5th February, 2008. On the 21st April, 2007, the 2nd Respondent (INEC) conducted elections for the Ndokwa/Ukwuani Federal Constituency of the House of Representatives of the National Assembly of the Federal Republic of Nigeria. The appellant herein was the candidate of the Accord Party at the election while the 1st Respondent was the candidate of the Peoples' Democratic Party (PDP). At the conclusion of the election, the then candidate of the PDP, one Mrs. Mercy Almona Isei was declared and returned by INEC as the duly elected Candidate.
The Appellant was not satisfied with result of the election and petitioned in Petition No. EPT/DTA/NASS/41/2007 dated and filed on 21st May, 2007. The petition was predicated on 3 grounds. They are:-
1. That …