ABIODUN OLAOSEBIKAN V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS.

SIDI DAUDA BAGE, J.C.A., (Delivering the Leading Judgment): This is an appeal by the Appellant who was Petitioner at the Governorship/National Assembly and Legislative Houses Election Petition Tribunal, Ogun State, sitting at Abeokuta, in Petition No. EPT/OG/HA/11/2007, against the Ruling of the Tribunal Coram:- Honourable Justices H.M. Tsammani, B. H. Ismail, C. U. Ukpe, U. M. Sadiq, and C. O. Onyeabo, delivered on the 18th of October 2007, on a preliminary objection brought by the 2nd Respondent. The facts leading up this Appeal are briefly set out as follows:-

"Elections were held throughout the Federal Republic of Nigeria on the 14th April, 2007 into the State Legislative Houses of Assembly. The Petitioner/Appellant contested as a Candidate for Ogun State House of Assembly for Abeokuta II Constituency, and at the end of the election, the 1st Respondent, the Independent National Electoral Commission (INEC) declared the 2nd Respondent as the winner of the election."

Aggrieved by the…