OGBENI RAUF ADESOJI AREGBESOLA V. SENATOR IYIOLA OMISORE & ORS

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Governorship Election Petition Tribunal sitting at Osogbo delivered on the 4th November, 2014.

The Appellant who is the 1st Respondent in the petition by motion on notice dated 16th October, 2014 challenged the competence of the Tribunal to hear the petition because the petitioner had not indicated in the petition that he had a right to present the petition as required by paragraph 4 (1) and (2) of the Electoral Act 2010 (as amended).

The Appellant also filed another motion on notice on 21st October, 2014 praying for an order of the Tribunal to strike out the petitioners' Reply to the 1st Respondent's Reply same having been filed out of time and dismissing the petition, the Petitioners having failed to apply for issuance of Pre-hearing Notice as prescribed by paragraph 18 (1) of the First Schedule to the Electoral Act 2010 (as amended).

On 30th October, 2014 in the course of pre-…