<p><strong> OGUNTADE, JCA: (Delivering the Lead Judgment): </strong> The appellant was the petitioner before the Kogi State National Assembly/Governorship and Legislative Houses Election Tribunal, holden at Lokoja. By the petition filed on 21/5/03, he challenged the declaration of the 2nd respondent by the 1st respondent as the winner of the Kogi State House of Assembly seat for Lokoja/State Constituency. In paragraph 16 of the petition, the petitioner pleaded as follows: “16. At the hearing of the petition, your petitioner will contend that the 2nd respondent was not a candidate or qualified to be a candidate to contest the election in that: That by provisions of section 23 of the Electoral Act, 2003, the party cannot make further substitutions or withdrawal of a candidate’s name within a period less than 30 days from the date of the election unless the candidate dies or voluntarily withdraws.</p><p>That the latest date the party could effect withdraw (sic) and substitution was 3rd April, 2003.</p><p>That the purport…</p>