AMINA ADAMU AUGIE, J.C.A (Delivering the Leading Judgment): The Appellant and 1st Respondent were candidates at the election into the Edo State House of Assembly for Member representing Ovia North-East Constituency 11. Aggrieved by the fact that the Appellant, a candidate of the Action Congress [AC], was declared winner, the 1st Respondent, who was the candidate of the Peoples Democratic Party [PDP], filed an Election Petition at the Edo State National Assembly, Governorship and Legislative Houses Election Petition Tribunal, wherein he asked that it be determined that-
(a) (The Appellant herein) was not elected and/or declared returned by a majority of valid votes at the election in that without the election at Oghede Ward, the overall result of the election in the Constituency is inconclusive. There can be no majority of lawful votes from an inconclusive election. (Highlight his)
(b) The election was not conducted substantially in accordance with the provisions of the Electoral Act. …