PEOPLES DEMOCRATIC PARTY (PDP) V. ARC. AUSTIN ASEMA ACHADO & ORS.

M. B. DONGBAN-MENSEM, J.C.A (Delivering the Leading Judgment): On 27th day of January 2012, I pronounced the unanimous decision of this Court pursuant to section 9(8) of the Constitution of the Federal Republic of Nigeria (second alteration) Act No. 2, 2010. This appeal fell to me to write the lead judgment in which I now give the reasons for my decision in dismissing the appeal filed.

This is an appeal by the 2nd Respondent/ Appellant against the ruling of the National/State House of Assembly election Tribunal sitting in Makurdi delivered on the 29th day of November, 2011 in the petition filed by the petitioners/Respondents against the election of held on 26th day of April, 2011.

Following the Gwer East/West House of Representatives election that took place on the 26th day of April, the 3rd Respondent was declared winner and returned as the Member representing Gwer East/ Gwer West House of Representatives. The Petitioners/Respondents being dissatisfied with the outcome of the electio…