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UWA JCA (Delivering the Lead Judgment): In the general elections of 14 April 2007 into Ede North State Constituency seat of the Osun State House of Assembly in which the appellant contested on the platform of Action Congress (AC) while the 1st respondent who was returned as having won the election by the 3rd respondent, Independent National Electoral Commission (INEC) contested on the platform of the 2nd respondent (People’s Democratic Party).
Aggrieved by the return of the 1st respondent, the appellant on 14 May 2007, filed a petition before the Governorship and Legislative Houses Election Tribunal sitting at Osogbo (hereinafter referred to as the tribunal) in petition No. HA/EPT/OS/11/07 challenging the return and declaration of the 1st respondent as the candidate returned as the winner of the election on the ground of non-compliance with the mandatory requirements of both the Constitution of the Federal Republic of Nigeria, 1999 and the Electoral Act, 2006. The appellant alleged …