EGUABOR ANDREW OMONBUDE & ANOR V. FELIX OMI IMOISILI & ORS

BA'ABA, J.C.A. (Delivering the Leading Judgment): The 1st and 2nd appellants contested for the position of Chairman and Vice-Chairman respectively for Igueben Local Government Council Area of Edo State, in the Local Government Election held on the 5th of December. 1998 on the platform of the Peoples' Democratic Party (PDP). The 1st and 2nd respondents contested the same election for the position of Chairman and Vice-Chairman respectively on the platform of All Peoples Party (APP). On the conclusion of the election, the 1st respondent having scored the highest number of votes was declared the winner of the election by the Independent National Electoral Commission (INEC). The 1st and 2nd appellants were unhappy with the result of the election so they filed a petition before the Edo State Local Government Election Petition Tribunal on the 18/12/98 challenging the validity of the election as well as the return of 1st and 2nd respondents by INEC as Chairman and Vice-Chairman respectively o…