ISAIAH OLUFEMI AKEJU, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the National Assembly/Legislative Houses Election Petition Tribunal, sitting at Awka, Anambra State delivered on 3rd October, 2012 in respect of Election Petition No. EPT/AN/NAE/SE/04/2012 filed by the Appellants on 7th April, 2012.
The 3rd respondent had conducted an election (re run) into the Senatorial Seat of Anambra South Senatorial District on 20th March, 2012 at which the 1st Appellant and the 1st respondent were candidates. The result of the election as announced by the 3rd respondent and as pleaded in paragraph 7 of the petition shows that 1st respondent was credited with the highest votes of 42,804 while the 1st appellant was credited with 40,678 votes. The 1st respondent was therefore declared by the 3rd respondent as the winner of the election and duly returned.
The appellant's, who were dissatisfied, challenged the declaration of the 1st respondent and his return as th…