MR. MICHAEL-JOE ONWUDINJO V. MR. JOSEPH DIMOBI INDEPENDENT NATIONAL ELECTORAL COMM ISSION RESIDENT ELECTORAL COMMISSIONER, ANAM BRA STATE RETURNING OFFICER, ANIOCHA LOCAL GOVERNMENT AREA ELECTORAL OFFICER, ANIOCHA LOCAL GOVERNM ENT AREA RETURNING OFFICER, ANIOCHA II STATE CONSTITUENCY WARD RETURNING OF FICER, OBELEDU WARD SUPERVISORY PRESIDING OFFICER, OBELEDU WARD WARD RETURNING OF FICER, AGULUZOIGBO WARD SUPERVISORY PRESIDING OFFICER, AGULUZOIGBO WARD WARD RETURNING OF FICER, AKWAEZE WARD SUPERVISORY PRESIDING OFFICER, AKWAEZE WARD WARD RETURNING OFFICER, NENI WARD I SUPERVISORY PRESIDING OFFICER, NENI WARD I WARD RETURNING OFFICER, NENI WARD II SUPERVISORY PRESIDING OFFICER, NENI WARD II WARD RETURNING OFFICER, ICHIDA WARD I SUPERVISORY PRESIDING OFFICER, ICHIDA WARD I WARD RETURNING OFFICER, ICHIDA WARD II SUPERVISORY PRESIDING OFFICER, ICHIDA WARD II WARD RETURNING OFFICER, NRI WARD I SUPERVISORY PRESIDING OFFICER, NRI WARD II WARD RETURNING OFFICER, NRI WARD II SUPERVISORY PRESIDING OFFICER, NRI WARD II PRESIDING OFFICER, MISS ESTHER AKUTEKWE FOR BOOTH NO. 003 IN AKWAEZE WARD

FABIYI JCA(Delivering the Lead Judgment): This is an appeal against the interlocutory ruling of the Election Tribunal, sitting at Awka and presided over by Boade, J. as the Chairman. The stated ruling was delivered on 29th July, 2003. The petitioner contested the Anambra State House of Assembly election on the platform of the All Progressive Grand Alliance (APGA) in Aniocha II Constituency on 3rd May, 2003. He failed to win the election as the 1st respondent who was sponsored by the Peoples Democratic Party (PDP) was declared winner and returned by the constituency returning officer. The petitioner/appellant was unhappy with the result as declared.

He filed his petition wherein he supplicated as follows:-

“1. Wherefore your petitioner prays that it may be determined that the said Joseph Dimobi was not duly elected or returned and that the said Michael-Joe Onwudinjo was validly elected having polled the highest number of lawful votes cast in the election, ought to have been returned. 2…