MR OSAZEE OJO V. MRS JACOB ESOHE & ORS

TABAI, J.C.A. (Delivering the Leading Judgment): In the election into the Edo State House of Assembly, held on the 9th of January 1999, both the petitioner/appellant, Mr. Osazee Ojo, and the 1st respondent, Mrs. Esohe Jacob contested for the seat in the Egor Local Government Constituency. At the close of the election the result announced by the 2nd and 3rd respondents was that while the appellant of the All peoples Party (APP) scored 10,694 votes, the 1st respondent of the Peoples Democratic Party (PDP) scored 10,709 votes. The 1st respondent was therefore declared and returned as the duly elected representative for the Egor Local Government Constituency of Edo State having secured a majority of lawful votes. Exhibit ''A'' dated the same 9th January, 1999 was the evidence of such election and return.

On the 22nd January 1999, the petitioner/appellant presented an 8 paragraph petition to the Governorship and Legislative Houses Elections Tribunal. In paragraphs 6 and 7 thereof the appel…