AYO ARISE PEOPLES’DEMOCRATIC PARTY V. OLUBUNMI ADETUNBI ACTION CONGRESS INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) FADIPE TITUS OLUSESAN (INEC RETURNING OFFICER EKITI NORTH SENATORIAL DISTRICT) RESIDENT ELECTORAL COMMISSIONER (INEC) EKITI STATE ELECTORAL OFFICER IKOLE L.G. ELECTORAL OFFICER OYE L.G. ELECTORAL OFFICER IDO/OSI L.G. ELECTORAL OFFICER MOBA L.G. ELECTORAL OFFICER ILEJEMEJE L.G.

SANKEY JCA (Delivering the Lead Judgment): Election into the Ekiti North Senatorial District was held on 21 April 2007. Ayo Arise, the 1st appellant, contested under the platform of the 2nd appellant, the Peoples’ Democratic Party (PDP), while Olubunmi Adetunbi, the 1st respondent, contested under the platform of the 2nd respondent, the Action Congress (AC). The election was conducted by the Independent National Electoral Commission (INEC), 3rd respondent herein, through its officers, some of which have been joined to this appeal as the 4th to the 10th respondents. At the conclusion of the election, Ayo Arise was declared the winner of the election. Dissatisfiedwith the results declared by INEC, Olubunmi Adetunbi and the AC filed a petition of 12 paragraphs at the Ekiti State National Assembly Election Tribunal, wherein they prayed the court for the following reliefs -

“(12) Wherefore, your petitioners pray that it may be determined:

That the said Mr. Ayo Arise was at the time of the …