CHIDI NWAOMA UWA, J.C.A, (Delivering the Leading Judgment): The Appellant as Petitioner challenged the victory of the 1st Respondent at the National Assembly election held on the 21st day of April, 2007 into the Osun Central Federal Constituency II before the Governorship and Legislative Houses Election Petition Tribunal sitting in Osogbo, Osun State (hereafter called the Tribunal). Before the Tribunal, the Appellant prayed that the 1st Respondent ought not to have been returned as the winner at the election, in that he did not score the majority of lawful votes cast at the election and that he (the Appellant) should have been returned as winner having scored the highest number of valid votes cast at the election and satisfied the requirement of the Constitution and the Electoral Act, 2006.
The Petition was opposed by the 1st and 2nd Respondents who filed a Joint Reply dated 1st of August, 2007 on the 2nd day of August, 2007 in which the Tribunal was prayed to dismiss the petition.
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