DAUDA ADEMOLA LAWAL V. SIKIRU ADEBAYO & ORS

ISTIFANUS THOMAS, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Governorship and Legislative Houses Election Petition Tribunal, sitting in Ibadan which was delivered on 6th day of March, 2008.

The brief fact of the appeal is that the tribunal nullified the April, 14th 2007 House of Assembly Election for Lagelu Constituency, Oyo State and made an order that a fresh election be conducted into the same House of Assembly for the seat of Lagelu Constituency.

The present Appellant was the candidate sponsored by his party, Peoples Democratic Party (PDP) and at the end of the aforesaid election on 14th April, 2007, the 2nd Respondent, namely INEC, declared him as the winner having scored 13,237 votes, and the present 1st Respondent, who contested as the sponsored candidate of All Nigeria People Party, (ANPP), scored 6,188 votes.

The 1st Respondent, being dissatisfied with the result that, the present Appellant was the winner, filed an election Petition…