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KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the National Assembly/Governorship and Legislative Houses Election Petition Tribunal sitting at Osogbo, Osun State (hereinafter referred to as the lower Tribunal) delivered on 12th August 2011 dismissing the appellant's petition.
On the 21st day of April 2011, election was held into the Obokun/Oriade Federal Constituency seat in the House of Representatives. The Appellant and 1st Respondent were the candidates of the Peoples Democratic Party (PDP) and the Action Congress of Nigeria (ACN) respectively. After the conduct of the election, the Independent National Electoral Commission (3rd respondent herein) declared the 1st Respondent as the winner of the Election with 22,142 votes while 18,005 votes were ascribed to the Petitioner (Appellant herein). Being dissatisfied with the declaration of the 1st Respondent, the Appellant filed a petition dated 28th April 201…