MAHMUD MOHAMMED, J.C.A. (Delivering the Leading Judgment): In the election into the Delta State House of Assembly conducted on 9-1-99, the Appellants Merrs Benson Ojegbe and Solomon Atseponu and the 1st Respondent Mr. Kent Omatsone contested for the seat in the Warri South West Local Government Area Constituency. At the close of the election, the 1st Respondent who contested the election under the platform of the Peoples Democratic Party (PDP) was declared by the 2nd - 5th Respondents as the winner of the election. The 1st and 2nd Appellants who contested the election under the platform of the Alliance For Democracy (AD) and All Peoples Party (APP) respectively who were aggrieved by the declaration of the 1st Respondent as the winner of the election, filed two separate Petitions dated 23-1-99 and 20-1-99 respectively before the Delta State House of Assembly and governorship Election Tribunal sitting at Asaba, challenging the election and return of the 1st Respondent. The grounds upon …