KUMUSUONYO MICHAEL V. AMALANYO YUOSUO V. INDEPENDENT NATIONALELECTORAL COMMISSION (INEC)

AKPIROROH, JCA (Delivering the Lead Judgment): The appeal is from the decision of the Governorship and Legislative House Election Tribunalsitting at Yenagoa in Bayelsa State delivered on 16th July, 2003 in which the Tribunal nullified the election of the appellant.

The facts of the case put briefly are that the 1st respondent/cross- appellant filed a petition dated the 2nd day of June, 2003 wherein he claimed as follows:

“A declaration that the 13,410 votes allegedly scored by the 1st respondent in the aforesaid election are invalid and unlawful votes as the 1st respondent was not qualified to contest the Bayelsa State House of Assembly election in Brass Constituency 2.

A declaration that the 1st respondent was accordingly not dulyand validly elected and/or returned as the winner of the said Bayelsa S tate Hous e o f As sem bly election in Brass

Constituency 2.

Further and/or in the alternative, an order nullifying all the votes allegedly scored by the 1st respondent in Otokolo Kiri

Ope…