This is an appeal against the decision of Local Government Election Tribunal of Cross River State sitting at Calabar, delivered on the 6gh of February 1999, in favour of the 1st respondent. The appellant was a candidate for the councillorship election for Imabana Ward II of Abi Local government Area of Cross River State of the ticket of All People Party (A.P.P), while the 1st respondent was the councillorship candidate of the peoples Democratic Party (P.D.P). The election was held on the 5th of December 1998. At the end of the election, the appellant was declared the winner and was accordingly returned as elected. The 1st respondent/petitioner filed an election petition at the Election Tribunal challenging the election result and the return of the appellant. The petitioner claimed that he scored the majority of the lawful votes cast at the election; that the 500 (five hundred) votes cast at Ikpalega playground polling unit No. CR/09/08F were actually scored by him but were mistakenly or erroneously credited to the appellant and to declare him duly elected or returned. In its judgment the Election Tribunal granted the petition and declared the petitioner/respondent elected as the Councilor representing Umabana Ward II in Abi Local Government Council, The appellant being dissatisfied with the decision of the decision of the tribunal, the appellant appealed to the Court of Appeal.