ALI PETERS V. ATIGWE DAVID O. & ORS

UBAEZONU, J.C.A. (Delivering the Leading Judgment): The 1st appellant (Ali Peter S.) who is the only appellant in this appeal and will hereinafter be referred to as "the appellant" in the rest of this judgment and the respondent (Atigwe David O.) were contestants at the Enugu State House of Assembly election held on the 9th day of January, 1999 for the Igboeze North II constituency. At the end of the exercise the appellant was declared the winner. In consequence of the said declaration, the respondent filed a petition before the Election Tribunal which, in effect, annulled the said election and ordered a fresh election. Dissatisfied with the said decision, the appellant has appealed to this court on three grounds of appeal. He has also through his counsel filed a brief of argument. In his said brief, the appellant has formulated two issues for determination viz:

"1. Whether the issue of qualification or disqualification can be made a ground for questioning an election under Decree No…