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BARKA JCA (Delivering the Lead Judgment): The appellant on 11 April 2015 contested the Warri South Constituency of the Delta State House of Assembly. The 1st respondent was sponsored by the 2nd respondent, and also contested for the same seat. At the end of the election, the 3rd respondent declared the 1st respondent as the winner of the said election having scored the majority of lawful votes cast at the election. The appellant did not agree. On 30 April 2015, the appellant filed a petition before the National Assembly/Legislative Houses
Election Petition Tribunal sitting at Asaba, Delta State. See pages 1 - 125 of the records of appeal. The petition was predicated upon the following grounds: “i. The 1st respondent was not duly elected as the member of the Delta State House of Assembly representing Warri
South I Constituency by majority of lawful votes cast at the election complained of.
The election in the disputed polling units highlighted in paragraph 15 was invalid by reason of co…