HON. SEGUN ADEWALE & ANOR V. HON. SOLOMON OLAMILEKAN ADEOLA & ORS

EMMANUEL AKOMAYE AGIM, JCA (Delivering the Leading Judgment): The general election to the office of member representing the Lagos West Senatorial District in the Senate of the Federal Republic of Nigeria held on 28-3-2015 and on 29-3-2015. The result was declared by the 3rd respondent who conducted the election. The 3rd respondent declared the 1st respondent winner of the election and returned him elected as member of the Senate of the Federal Republic of Nigeria representing the Lagos West Senatorial District.

The Appellants challenged the said result declared by the 3rd respondent by filing an election petition No EPT/LEGH/EPT/L/8/15 in The Lagos State National and State Houses of Assembly Election Tribunal on 17-4-2015, on the grounds that the 1st respondent was, at the time of the election, not qualified to contest the election having not been validly nominated by the 2nd respondent contrary to S. 85(1) of the Electoral Act 2010, as amended, and that the 1st respondent was not duly…