MUSA DATTIJO MUHAMMAD, J.C.A. (Delivering the Leading Judgment): There were nation-wide elections into Local Government Councils on 5th December, 1998. Mr. Samuel Mbadiwe Onovo had contested this election on the platform of the peoples Democratic Party (PDP), one of the registered political parties in the country. He sought election to office of a councilor for the Nomeh Ward of Nkanu East Local Government Area of Enugu State. Mr. Franklin Okonkwo had contested the same election and for the same seat as did Mr. Samuel, hereinafter called the petitioner/respondent. Mr. Franklin, who for the purposes of this appeal will be referred as the 1st respondent/appellant contested the election under the umbrella of the all peoples party (APP), another political party. Mr. Sunday Nkumah was fielded by the Alliance for Democracy (AD) as the third contestant. The first respondent/appellant was declared the winner.
The petitioner/respondent approached the Enugu State return Election petition Tribun…