At any rate, a Respondent’s notice is for the affirmation of the judgment of the lower Tribunal grounds other than the ground relied upon by the lower Tribunal. It is certainly not for a Respondent to ask an appellate Court to make a consequential order which the lower Tribunal did not make, which would be more appropriate, perhaps, through the means of a cross – appeal except where the 1st Respondent was the person who scored the second highest valid votes at the questioned election. In the latter circumstances, I would be prepared to declare the 1st Respondent if he had been the person who had the second highest valid votes cast at the questioned election even without a cross-appeal in tandem with the spirit and letter of the provision of Section 136 (2) of the Electoral Act 2022. The 1st Respondent notice, being bereft of neither any jurisprudential basis nor any legal foundation or statutory backing, is dead on arrival and it is accordingly dismissed for lacking in merit.
— B.A. Georgewill JCA. Okeke, PDP v. Nwachukwu, Labour Party, INEC (CA/ABJ/EP/IM/HR/86/2023, November 04, 2023)