HON. DR. WILLIE OGBEIDE (M) (PDP) CANDIDATE V. MR. R. E. ARIGBE OSULA (M) (A.N.P.P.) CANDIDATE & ORS

MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE, JCA (Delivering the Leading Judgment): The Appellant herein was the Petitioner at the National Assembly/Governorship and Legislative Houses Election Tribunal, sitting in Benin, hereafter, referred to as the Tribunal. He was sponsored by the People Democratic Party (P.D.P.) to contest the election into the House of Representatives for Oredo Federal Constituency, Edo State. The 1st Respondent, Mr. E. Arigbe Osula, contested under the platform of the All Nigerian Peoples Party (A.N.P.P.). The election was held on 12/4/03 and at the close of the election, the returning officer, i.e. Mr. Olufemi Olumise Ayeni, the second Respondent herein, returned the 1st Respondent as duly elected by a majority of 40,301 (Forty Thousand Three Hundred and One) votes as against 34,380 (Thirty-four Thousand, Three Hundred and Eighty) votes awarded to the Petitioner.

The Appellant was not satisfied with the results declared by the returning officer and presented a Petitio…