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MBABA JCA (Delivering the Lead Judgment): The 1st appellant was the 1st petitioner at the National and State House of Assembly Election Tribunal, Kwara State (hereinafter simply referred to as “election tribunal” or “tribunal”, having been dissatisfied with the outcome of 26 April 2011 general elections in to the State House of Assembly, whereof she was a contestant under the Peoples’ Democratic Party (P.D.P.), representing the Ojomu/Balogun Constituency, Offa Local Government Area, Kwara State.
The 1st respondent had also contested the said election/office, but under the banner of Action Congress of Nigeria (ACN). At the end of the election exercise, the 1st respondent was declared winner of the election by the 3rd respondent and returned, having won majority of the lawful votes cast at the election, and was held to have satisfied the requirement to be so returned as the winner. Appellants were not satisfied and filed a petition on 18 May 2011 complaining about the declaration of th…