A.M. MUKHTAR, J.S.C (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Owerri Division, which set aside the judgment of the Court of Appeal, Port Harcourt Division. In that judgment Eko JCA in the lead judgment found for the appellants in that court, as follows:-
"Even from the gross results. (sic) That is the raw total votes with the tainted votes the 1st Appellant had majority of the votes from the 7 wards. The Appellants proved the reliefs they sought at the Tribunal. The appeal is allowed in part. The decision of the Tribunal affirming the declaration or return of the 1st Respondent as the winner with the majority of lawful votes is hereby set aside. In its stead, it is hereby declared that the 1st Appellant ought to be returned and he is hereby declared as the person with the majority of lawful votes from the election to the Abia State House of Assembly conducted on 14th April, 2007 in Bende North State Constituency of Abia State."
B…