ACHANA GAIUS YARO ACTION CONGRESS V. TAWAR UMBI WADA PEOPLES’ DEMOCRATIC PARTY INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) THE RESIDENT ELECTORAL COMMISSIONER , GOMBE STATE THE RETURNING OFFICER, GOMBE SOUTH SENATORIAL DISTRICT THE RETURNING OFFICER, BALANGA LOCAL GOVT. THE RETURNING OFFICER, KALTUNGO LOCAL GOVT. THE RETURNING OFFICER, SHONGOM LOCAL GOVT. THE RETURNING OFFICER, BILLIRI LOCAL GOVT.

BELGORE JCA (Delivering the Lead Judgment): This is an appeal from the decision of the NationalAssembly, Governorship and Legislative Houses Election Tribunal (now “the tribunal”) sitting in Gombe, Gombe State of Nigeria. The 1st and 2nd appellants herein were the petitioners before the tribunal while the 1st to 9th respondentswere also the respondents before the tribunal. The facts of this case are that the 3rd respondent, acting under the Electoral Act, 2006 and the Constitution of the Federal Republic of Nigeria, 1999 (hereinafter referred to as “the Constitution’’), conducted elections into the Senate of the Federal Republic of Nigeria on 21April 2007. Contestingfor the Gombe South Senatorial District seat election were the 1st appellant under the platform of the 2nd appellant, Action Congress (now “AC’’) and the 1st respondent under the platform of the 2nd respondent, Peoples’ Democratic Party (now “PDP’’). “ANPP”, “PDP”; “NDP” and “PPA” also contested the election along with t…