EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): On 14/4/2007 Independent National Electoral Commission (INEC) conducted election to the Abia State House of Assembly in Ukwa West Constituency. The Appellant and the 1st Respondent (Ikpechukwu Onuoha) contested that election with several other candidates. At the end of the poll INEC declared Appellant as duly elected and returned. Aggrieved the 1st Respondent, as petitioner, approached the Governorship/Legislative Houses Election Tribunal sitting at Umuahia, (hereinafter called the Tribunal) for redress. He sought reliefs inter alia that it be determined by the Tribunal that the 1st Respondent/Appellant did not score the majority of lawful votes cast in the said election; and that the Tribunal should declare that he was validly and duly elected or returned in the election having scored the majority of lawful votes cast in the said election, etc.
Pleadings were filed and exchanged at the Tribunal by the parties to the petition. At t…