NSOFOR, J.C.A. (Delivering the Leading Judgment): The petitioner (appellant) was one of the candidates in the Governorship and Legislative Houses elections conducted throughout the Federation of Nigeria on the 9th of January, 1999 by Independent National Electoral Commission (INEC for short) a statutory body charged with the conduct of the elections.
The petitioner and the 1st Respondent had each contested the seat in the Rivers State House of Assembly for Abua/Odual Constituency. The 1st Respondent contested the election under the platform of All Peoples Party (APP). The petitioner contested under the platform of Peoples Democratic Party (PDP).
At the end of the election exercise, the results of the polls as declared by the 3rd Respondent, an official of INEC who participated in the conduct of the elections showed that (i) the petitioner scored 29,986 votes and, (ii) the 1st Respondent scored 49,180 votes. Accordingly, the 3rd Respondent returned the 1st Respondent as having been ele…