HON. DR. SAMPSON ORJI V. HON CHIEF MAO OHUABUNWA & ORS.

MUSA DATTIJO MUHAMMED, JCA, (Delivering the Leading Judgment): The appellant and 1st respondent in this appeal were candidates at the National Assembly Election for Arochukwu/Ohafia federal constituency, The election took place on 12th April 2003. The appellant contested the election on the platform of the All Nigeria's Peoples Party (ANPP). The 1st respondent did so on the ticket of the Peoples Democratic Party (PDP). At the end of the elections, 1st respondent was returned by the 2nd respondent as the duly elected member representing Arochukwu/Ohafia Federal constituency. Aggrieved by 1st respondent's return, the appellant filed a petition on 12th May 2003 seeking the nullification of the election in ten wards out of the twenty-two that made up the Arochukwu/Ohafia Federal constituency. Appellant also prayed the Tribunal that he be declared validly elected and returned having polled the highest number of lawful votes cast at the election.

Appellant's petition was heard at the end of…