JOHN AFOLABI FABIYI, J.C.A.: (Delivering the Leading Judgment): As can be garnered from the Petition filed by the Petitioner on 12/3/99 especially at page 1 of the record of appeal, the Petitioner, 1st Respondent and one Onyeze Mike were candidates in the Federal House of Representatives election which was held on 20/2/99 nation-wide. Each of the three candidates desired to represent the good people of Igbo-Eze North/Udenu Federal Constituency in the Federal House of Representatives. The three stated candidates contested on the Platforms of Peoples Democratic Party (PDP), All Peoples Party (APP) and Alliance for Democracy (AD) respectively. At the end of the election, the 2nd - 4th Respondents declared the 1st Respondent as the winner. The Petitioner felt he had cause to cry foul and consequently filed this Petition at the National Assembly Election Tribunal, Enugu State on 12/3/99.
It is instructive to state that on 19/3/99, a motion on notice was filed on behalf of the Petitioner/Ap…