AHMAD O. BELGORE, J.C.A (Delivering the Leading Judgment): The 1st Appellant herein along with six others contested for the Benue State North-West Senatorial District seat of the National Assembly conducted by the 3rd Respondent on the 26th day of April, 2011. On 27th April, 2011, 3rd Respondent (INEC) declared the 1st Respondent the winner of the election and returned him as the Senator of the Federal Republic of Nigeria respectively. The Benue North-West Senatorial District after having polled 26,726 vote which represented the majority of the total votes cast at the election. The 1st Appellant who scored a total of 143, 354 votes came second. The 1st Appellant contested the election under the banner of the 2nd Appellant (PDP), while the 1st Respondent was a candidate sponsored by the 2nd Respondent.
The 1st and 2nd Appellants, being dissatisfied with the declaration and return filed a petition before the National and State House of Assembly Election Tribunal, sitting in Makurdi, Ben…