ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): The appeal herein and the cross appeal are against the judgment of the National and State Houses of Assembly Election Petition Tribunal Anambra State, holden at Awka, delivered on 9th February, 2012, wherein the tribunal nullified the return of 1st Respondent as the member representing Ogbaru Federal Constituency.
The facts of the case can be compressed as follows: The Appellant and the 1st Respondent were amongst the candidates that contested the Federal House of Representatives election for Ogbaru Federal Constituency, Anambra State, held on 9th April, 2011 with a re-return in Ogwuikpele Ward held on 6th May, 2011. Upon the conclusion of the said election, the Appellant was declared and returned as the winner with 10,153 votes. Dissatisfied with the declaration and the return of the Appellant, the 1st Respondent challenged same vide a petition date d 24th May, 2011 and filed the same day. The case of the petitioner was that ther…