CHIEF (DR) UGWU NWAFOR UJAM V. CHIEF KEN NNAMANI IND EP END EN T N ATIO N AL ELEC TO RAL COMMISSION, ENUGU THE RETURNING OFFICER ENUGU EAST SENATORIAL DISTRICT/RESIDENT ELECTOR AL CO M M IS S IO N (ALHAJI A. RAJI) THE ELECTORAL OFFICER, ENUGU EAST SENATORIAL DISTRICT PRESIDING OFFICERS ELECTO RAL OF F IC ER , ENU GU NO RTH L.G.A. ELECTO RAL OF F IC ER , ENU GU SO UTH L.G.A. ELECTORAL OFFICER, ENUGU EAST L.G.A. ELECTORAL OFFICER, NKANU EAST ELECTORAL OFFICER, NKANU WEST ELECTORAL OFFICER, ISI-UZO, L.G.A.

MOHAMMED JCA (Delivering the Lead Judgment): In the National Assembly Election conducted throughout Nigeria on 12/4/2003, the petitioner/ appellant was a candidate and contested for the seat of the Senator in the Enugu East Senatorial District on the platform of the All Progressive Grand Alliance (APGA). The 1st respondent on the other hand who was also a candidate in the same election was sponsored by the Peoples Democratic Party (PDP). At the close of polls from the 6 local government areas comprising the Enugu East Senatorial District of Enugu State of Nigeria, the 1st respondent was returned as the winner of the election. The appellant who was not happy with the result of the election then proceeded to the National Assembly Election Tribunal, Enugu on 12/5/03 and presented his election petition pleading in paragraphs 12 and 13 thereof as follows: “12. Your petitioner contends that once the invalid and unlawful A votes credited to the 1st respondent are removed and expunged from …