HON. DR. WILLIE OGBEIDE (PDP CANDIDATE) V. MR. R. E. ARIGBE OSULA (ANPP CANDIDATE) OLUFEMI OLUMISE AYENI (RETURNING OFFICER, OREDO FEDERAL CONSTITUENCY OF EDO STATE) THE ELECTORAL OFFICER, OREDO LOCAL GOVERNMENT AREA INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

AUGIE, JCA (Delivering the Lead Ruling): The 1st respondent was a candidate in the National Assembly Election to the House of Representatives under the banner of All Nigerian Peoples Party (ANPP) for Oredo Federal Constituency, Edo State. The election was held on 12/4/03 and the 2nd - 4th respondents returned the 1st respondent as winner. The petitioner/appellant (hereinafter referred to as the petitioner) was not satisfied with this result and filed a petition at the National Assembly, Governorship and Legislative House Election Tribunal, Edo State which was struck out but later re-listed on the orders of this court at the Delta A State Panel of the Election Tribunal (hereinafter referred to as the Tribunal) where the matter was subsequently determined and judgment delivered on the 13/8/03 dismissing the petition. Aggrieved by the outcome of the judgment, the petitioner has again appealed to this court while the 1st respondent filed a cross-appeal. All the necessary briefs have bee…