SALMAN ABDULFATAI & ANOR. V. AIYELABEGAN KAYODE A. & ORS.

ITA G. MBABA, J.C.A, (Delivering the Lead Ruling): On 21st April, 2012 (Saturday) this Court delivered judgment in Appeal No CA/IL/EPT/SH/1/2012 - an appeal against the decision of the National and State House of Assembly Election Petition Tribunal, Kwara State, which had struck out the Petition of the Petitioners (1st and 2nd Respondents herein) on 22/2/12, alleging that the same (petition) was no longer maintainable, by reason of some extant decisions of the Supreme Court in case of ANPP V. GONI and KASHIM SHETTIMA V. GONI (Consolidated) in Suit Nos SC.1/2012 and SC.2/2012.

It is worth stating that the said Petition had earlier been heard to completion by the first Election Tribunal which decided that the elections were inconclusive in two wards, that is, BALOGUN ALANAMU WARD and OLOJE WARD at in Ilorin North/West Constituency of Kwara State; that fresh elections be conducted in the two wards within 90 days from the date of the Judgment to enable the Independent National Electoral C…