MR. CHARLES IKECHUKWU NWADIANI V. MS DORIS AMINA OLAYEMI UBOH & ORS.

AMINA ADAMU AUGIE, J.C.A (Delivering the Leading Judgment): The Appellant, a member of the Action Congress [AC], was one of the candidates at the election into the House of Representatives for the Ika Federal Constituency of Delta State. Dissatisfied with the scores declared by INEC, which put him in the fourth place, he filed a Petition at the Delta State National Assembly, Governorship and Legislative Houses Election Petition Tribunal, wherein he contended inter alia that he was the only one qualified to contest the election because the 1st Respondent was charged before a United States District Court with offences involving dishonesty and fraud; the 2nd Respondent did not resign, withdraw or retire from his employment 30 days before the date of the election; and the 3rd Respondent is a member of the Reformed Ogboni Society. The 1st Respondent, the candidate for Peoples Democratic Party [PDP], who was declared duly elected by INEC, entered a "Conditional Appearance" and later filed a…