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ADEREMI JCA (Delivering the Lead Judgment): The appeal is against the decision of the Election Petition Tribunal sitting at Owerri, Imo State of Nigeria and delivered on 17th July, 2004 wherein the appellant (who was the petitioner before the Tribunal) had his petition dismissed. Suffice to say that both the appellant, as the petitioner before the Tribunal and the 1st respondent were candidates in the election for the senatorial seat in the Imo Central (Owerri) Senatorial District held on 12th April, 2003. The 1st respondent was declared winner. The grounds upon which the petitioner/appellant presented the petition are:
“(1) That the election was invalid by reason of non-compliance with the provisions of the Electoral Act, 2002.
(2) The 1st respondent was not returned by a majority of lawful votes cast at the election.”
He (the petitioner/appellant) consequently sought from the lower Tribunal the following reliefs:
“(1) That the election of Amah Chibuzo Iwuagwu as senator elect for Owe…