SIKIRU IKUOGBOGUN & ORS V. CHIEF ADELEKE RABIU G. B.

OMOLOLU-THOMAS, J.C.A. (Delivering the Leading Judgment): The appellant in this case appealed against the decision of the Hon. Justice Oluborode of the High Court of Oyo State at Oyo in a Petition in which he was the 1st respondent in the Councillorship election held on 12th December, 1987, in Ward 3 of Ifedapo Local Government Council of Oyo State where the petitioner sought the nullification and cancellation of the said councillorship election, a declaration that the nomination of the petitioner be declared valid, and an order for fresh election to be conducted in the area.

After the exchange of pleadings the learned trial Judge proceeded to hear the case on the statement of facts which the parties were relying upon, respectively.

The case of the petitioner in summary was that the petitioner and the 1st respondent were both prospective candidates for the Local Government Election in the said Ward 3 in Ifedapo Local Government. The petitioner, having complied with the nomination proc…