ACTION CONGRESS OF NIGERIA & ANOR V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

MODUPE FASANMI, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the National and State Legislative Houses Election Tribunal sitting in Abeokuta, Ogun State delivered on the 11th of October 2011 in Petition No.EPT/OG/FH/06/2011.

Briefly, the Appellant and the 2nd Respondent contested for the House of Representatives seat of Egbado North/Imeko Afon Federal constituency in Ogun State during the 9th April 2011 general election. The election was conducted by the 1st Respondent which declared the 2nd Respondent the winner of the election. Appellant disputed the result of the election and the eligibility of the 2nd Respondent to contest the election.

The petition was based on three grounds. They are stated hereunder:

(i) That the 1nd Respondent was not qualified to contest the election on the ground that he was not sponsored by any political party. His substitution form was submitted to the office of the 1st Respondent after the date fixed for the submission …