HON. ADEGOKE SAHEED ADEWALE & ANOR V. ALHAJI AKIMOLA SIKIRU ALLI & ORS.

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This appeal was allowed on the 9th of November 2011 and reasons for allowing the appeal were reserved. I now give my reasons.

This is an appeal against the ruling of the National Assembly/Legislature Houses Election Petition Tribunal sitting in Oyo state delivered on the 14th of September 2011 in petition No.EPT/OY/SH/13/2011. The Tribunal dismissed the petition of the Appellant on the ground that the Appellant who was the Petitioner at the lower court did not apply for the issuance of pre-hearing notice within 7 days of close of pleadings as required by paragraph 18(1) of the First Schedule to the Electoral Act 2010 as amended.

Briefly, the Appellants as Petitioners at the lower Tribunal by petition dated and filed on 15th May 2011, challenged the election of the 1st Respondent on an application filed on the 23rd of August 2011 as a member of Ibadan South East Constituency II of Oyo State House of Assembly praying, in the main…