WALTER SAMUEL NKANU ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the National Assembly/Governorship and Legislative House Election Tribunal holden at Ilorin in Petition NO.KW/SA/1/03 delivered on 4th June, 2003 striking out the Petition of the appellant on the ground that proper parties were not made respondents in the petition.
The appellant was dissatisfied with the ruling and appealed to this court.
The facts of the case include the following.
The appellant, 1st respondent and one ADAMU GOOGE contested the 3rd May, 2003 election for a seat in the Kwara State House of Assembly on the platform of Peoples Democratic Party (PDP); All Nigeria Peoples Party (ANPP) and Alliance for Democracy (AD) respectively. At the conclusion of the election the 1st respondent was declared duly elected with a majority of lawful votes of 5,531 while the appellant polled 5,408 and Adamu Googe, 3,626 votes. The appellant was not satisfied with the conduct of…