ATANDA GASALI LAWALV. ISIAKA MAGAJI & ORS

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): Elections were conducted into the various Houses of Assembly all over the country on the 14th April, 2007. The Appellant herein, Atanda Gasali Lawal, contested the Kwara State House of Assembly Election for Afon Constituency in Asa Local Government Area on the platform of the Democratic People's Party (DPP). The 1st Respondent, Isiaka Magaji, was also a contestant and the flag bearer of the 2nd Respondent, Peoples Democratic Party (PDP) in the said election. At the close of the election, the 1st Respondent of the PDP was declared and returned as the winner.

Dissatisfied, the Petitioner filed a Petition before the Governorship and Legislative Houses Election Tribunal sitting at Ilorin on the 15th May, 2007. Therein, he complained that the return, declaration, announcement or proclamation of the 1st Respondent as winner of the said election by the 5th Respondent, i.e. the Electoral Officer Asa Local Government Area of Kwar…