HON. GORDON OKPAKO V. HON. HARVEST IGBEN ALL NIGERIA PEOPLES PARTY INDEPENDENT NATIONAL ELECTO RAL COMMISSION RESIDENT ELECTORAL COMMISSION THE RETURNING OFFICER, UDU LG.A. ( MR. CHRIS IKA ) THE WARD RETURNING OFFICER, UDU WARD 2 (MR. B. D. OKRIGBOLOR) THE WARD RETURNING OFFICER, UDU WARD 8 (MR. OSEJI JUDE) THE WARD RETURNING OFFICER, UDU WARD 9 (OMAKOR ANTHONIA) THE WARD RETURNING OFFICER, UDU WARD 10 (MRS. ERUANAH A. OD..) THE PRESIDING OFFICER, UNIT 1, UDU WARD 2 (MR. BREAD KENNEDY) THE PRESIDING OFFICER, UNIT 2, UDU WARD 2 (MR. JULIUS OWOWO) THE PRESIDING OFFICER, UNIT 3, UDU WARD 2 (MR. UVIEGHARA PALMER) THE PRESIDING OFFICER, UNIT 4, UDU WARD 2 (OZEGBE GRACE) THE PRESIDING OFFICER, UNIT 5, UDU WARD 2 (OYAREKURE FRIDAY) THE PRESIDING OFFICER, UNIT 6, UDU WARD 2 (EJOVWO ASHEGBAREN) THE PRESIDING OFFICER, UNIT 9, UDU WARD 2 (URHOMA LUCKY) THE PRESIDING OFFICER, UNIT 4, UDU WARD 9 (UGAH WISDOM) THE PRESIDING OFFICER, UNIT 1, UDU WARD 9 THE PRESIDING OFFICER, UNIT 12, UDU WARD 10 (MR. JOSEPH YOREGUA) THE PRESIDING OFFICER, UNIT 14, UDU WARD 9 (BODE NAWENE) THE PRESIDING OFFICER, UNIT 2, UDU WARD 9 THE PRESIDING OFFICER, UNIT 3, UDU WARD 9 THE PRESIDING OFFICER, UNIT 5, UDU WARD 9 THE PRESIDING OFFICER, UNIT 6, UDU WARD 9 THE PRESIDING OFFICER, UNIT 7, UDU WARD 9 THE PRESIDING OFFICER, UNIT 8, UDU WARD 9 THE PRESIDING OFFICER, UNIT 9, UDU WARD 9 THE PRESIDING OFFICER, UNIT 10, UDU WARD 9 THE PRESIDING OFFICER, UNIT 11, UDU WARD 9 THE PRESIDING OFFICER, UNIT 12, UDU WARD 9 THE PRESIDING OFFICER, UNIT 13, UDU WARD 9 THE PRESIDING OFFICER, UNIT 14, UDU WARD 9 THE PRESIDING OFFICER, UNIT 15, UDU WARD 9 THE PRESIDING OFFICER, UNIT 16, UDU WARD 9 THE PRESIDING OFFICER, UNIT 17, UDU WARD 9 THE PRESIDING OFFICER, UNIT 18, UDU WARD 9 THE PRESIDING OFFICER, UNIT 19, UDU WARD 9

AUGIE JCA (Delivering the Lead Ruling): The applicants, who are the 3rd - 37th respondents in the election petition challenging the return of the 1st respondent as the candidate elected into the Delta State House of Assembly, are praying this court for the following -

Extending the time within which the 3rd - 37th respondents/ applicants may cross-appeal against the judgment of the National Assembly, Governorship and Legislative Houses Election Tribunal, Delta State (hereinafter referred to as the Tribunal) delivered in petition No. LHET/DT/21/2003: Hon. Gordon Okpako v. Hon. Harvest Igben and 37 Ors .

Amending the brief of argument filed by the 3rd - 37th respondents/applicants to reflect them as cross-appellants, and to argue issue 1 in the said brief as one arising from the cross- appeal.

Deeming as properly filed the brief of the 3rd - 37th respondents/applicants dated and filed 9th February, 2004 in substitution of their brief dated 10th October, 2003 and filed 14th October, 200…