ADEKEYE, J.C.A. (Delivering the Leading Judgment): The appellant - Cosmas Ndiwe Ogu contested the 2003 Senatorial election on the platform of the All Progressive Grand Alliance (APGA). He lost the election to the 1st respondent - Ike Ekweremadu who contested the election, sponsored by the Peoples Democratic Party.
The appellant and the 1st respondent were among six contestants who vied for election into the Enugu West Senatorial District in the National Assembly Election held throughout the country on the 12th of April, 2003. The 1st respondent scored 237,141 votes as against the appellant who scored 5,607 votes according to the official results declared by Independent National Electoral commission (INEC). The appellant contested the result by filing an election petition against the 1st respondent, Ike Ekwereadu, the 2nd respondent, People's Democratic Party of Nigeria and the 3rd - 539th respondents INEC and its officials. He challenged the conduct of the election and the return of …