MR. OLANIYAN WAHEED OLANIYI V. MR. SALAM FATAI ADETUNJI INDEPENDENTNATIONAL ELECTORAL COMMISSION THE RESIDENT INDEPENDENT NATIONAL ELECTORAL COMMISSION THE INEC RETURNING OFFICER FOR ISEYIN/ITESIWAJU LOCAL GOVERNMENT THE INEC RETURNING OFFICER FOR ISEYIN/ITESIWAJU CONSTITUENCY THE INEC COLLATION OFFICER FOR ISEYIN/ITESIWAJU LOCAL GOVERNMENT INEC PRESIDING OFFICER FOR UNIT 13 WARD 7 ISEYIN LOCAL GOVERNMENT THE INEC PRESIDING OFFICER FOR UNIT 13 WARD 7 ISEYIN LOCAL GOVERNMENT THE INEC ELECTORAL OFFICER FOR ISEYIN LOCAL GOVERNMENT THE INEC ELECTORAL OFFICER FOR ITESIWAJU LOCAL GOVERNMENT

M.D. MUHAMMAD JCA (Delivering the Lead Judgment): The House of Assembly Election in Oyo State was held on 14 April 2007. The appellant and 1st respondent herein along with other candidates contested the Iseyin/Itesiwaju seat in the said election. Whereas the appellant was sponsored by the Peoples’ Democratic Party, the 1st respondent contested on the platform of the Action Congress. Candidates other than these two also vied for the same seat on different political platforms. Appellant was declared and returned the successful candidate in the election by the 2nd respondent. 1st respondent challenged appellant’s election and return at the Election Petition Tribunal sitting at Ibadan. Paragraph 32 of the petition outlined the following grounds:-

“32 ...

(a) The election of the 1st respondent was invalid by reason of corrupt practices, violence or non-compliance with the provisions of the Electoral Act, 2006.

(b) The 1st respondent was not duly elected by majority of lawful votes cast at…