MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Election Tribunal in the Governorship and Legislative House Tribunal Holden at Ibadan delivered on the 5th of Dec. 2007 wherein the declaration and return of the Appellant was nullified on wrongful exclusion of the 1st and 2nd, Respondents from, the election conducted on the 14th of April, 2007 by the Independent National Electoral Commission (INEC) and consequently ordered a bye election to be conducted into Akinyele Constituency I of the Oyo State House of Assembly.
Briefly, the facts are that Adesanya Orimidara Adebomi and Alliance for Democracy who are the 1st and 2nd Respondents before this Court by a petition dated the 14th of May, 2007 challenged the declaration and return of the Appellant by the Independent National Electoral Commission based on valid nomination but wrongful exclusion of the 1st and 2nd Respondents from the election conducted on the 14th of April, 2007. It i…