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MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the National and State Houses of Assembly Election Tribunal sitting in Ibadan delivered on the 20th of October, 2011. 1st Appellant was the candidate of the 2nd Appellant at the election into the House of Representatives for the Irepo/Olorunsogo Federal Constituency of Oyo State held on the 9th of April, 2011. The 1st Respondent was sponsored by the 2nd Respondent and returned by the 3rd Respondent.
The Appellants filed their petition on the 30th of April, 2011 challenging the victory of the 1st and 2nd Respondents. Before the lower Tribunal was another petition on the same election filed by one Yinusa Kazeem Ayandoye and Democratic People's Party EPT/OY/NA/5/2011. The lower Tribunal delivered judgment in the petition which was filed earlier in time nullifying the election on the ground that the petitioner was validly nominated but unlawfully excluded from the same election. The lower T…