NEWNIGERIAN PEOPLES PARTY (NNPP) HON. DAVID OBUMAS V. FRANKLIN OTELE PEOPLES DEMOCRATIC PARTY (PDP) INDEPENDENT NATIONAL ELECTORAL COMMISSIONER (INEC) JOHN YESEIBO (RETURNING OFFICER FOR THE STATE HOUSE OF ASSEMBLY ELECTION FOR YENAGOA III CONSTITUENCY, BAYELSA STATE) JOHN ADUMO (ELECTORAL OFFICER IN CHARGE OF RESPONDENTS, YENAGOA LOCAL GOVERNMENT AREA)

AKPIROROH, JCA: (Delivering the Lead Judgment): There are two appeals in this suit. The first appeal CA/PH/EPT/167/2003 is an interlocutory appeal by the 1st respondent against the ruling of the Tribunal delivered on 13/6/2003 in which the Tribunal held that the petition was competent in law. The second appeal (CA/PH/EPT/223/2003) filed by the appellants is against the judgment in the substantive suit delivered on 16/7/2003 challenging the dismissal of the petition.

The dispute that led to the filing of the petition at the Tribunal arose over the results of the election declared by the 3rd respondent in respect of election to the Bayelsa State House of Assembly for Yenagoa Constituency 3 which was re-scheduled and held on 6/5/2003. The appellants claimed in their petition as follows: “That the purported return of the 1st respondent at Yenagoa be annulled as invalid and that the entire purported election be also declared invalid, void and vitiated by reason of non- compliance with…