MUHAMMED BASHIR OLATUNJI IBRAHIM V. OLATUNJI ADEWALE OGUNLEYE & ORS

MOORE A.A. ADUMEIN, JCA (DELIVERING THE LEADING JUDGMENT): On the 14th day of April, 2007 the Independent National Electoral commission (INEC) the 3rd respondent conducted election to Oriade constituency of Osun state House of Assembly. Seven (7) candidates, including the appellant - Muhammad Bashir Olatunji Ibraheem of Action Congress and Olatunji Adewale Ogunleye (the 1st respondent) of Peoples Democratic Party, contested the said election. The results of the election, as announced by INEC, showed that the appellant scored 10,444 votes while the 1st respondent scored 12,810 votes. The 1st respondent was announced and returned by INEC as the candidate duly elected at the said election. The appellant was not satisfied with the outcome of the election and filed a petition on the grounds that the 1st respondent was, at the relevant time of contesting the said the election, not qualified to contest the election and that the election was invalid by reasons of non-compliance with the Elect…