COMFORT OLAOSUN (MRS.) V. OLUWOLE OGUNSEMI IN DEPEND EN T NATI ON AL ELECTOR AL COMMISSION (INEC) RESIDENT ELECTORAL COMM ISSIONER, OSUN STATE R ETUR NIN G OF FI CER , OR IAD E STATE CONSTITUENCY RETURNING OFFICE, IJEBU-JESA WARD 3 PRESIDING OFFICER, I.J.G.S. CODE 001 PRESIDING OFFICER, AFRIKA PRIMARY SCHOOL CODE 002 PRESIDING OFFICER, ST. MATTHEW‘A’ CODE 003 PRESIDING OFFICER, ST. M ATTHEW ‘B’ CODE 004 PR ESIDIN G OFF ICER, THE APOS TOLIC PRIMARY SCHOOL CODE 005 PRESIDING OFFICER, POST OFFICE CODE 006 PRESIDING OFFICER, DEMONSTRATION PRIMARY SCHOOL CODE 007 PRESIDING OFFICER, TOWN HALL CODE 008 PRESIDING OF FICER, OP P. OGUNSEM I’S HOUSE CODE 009 PRESIDING OFFICER, COURT HALL‘A’ CODE 010 PRESIDING OFFICER, ERUNKUNNIPE HALL 1 CODE 011 PR ES ID ING O FF IC ER, C .A.C. P RIM ARY SCHOOL CODE 012 P RESI DI N G OF F IC ER , O PP. C ATHO LI C CHURCH CODE 013 PRESIDING OF FICER, AJIGITERI HOUSE CODE 014 PRESIDING OFFICER, OPP. OLA’S HOUSE CODE 015 PRESIDING OFFICER, COURT HALL ‘B’ CODE 016 PRESIDING OFFICER, HALL 11 CODE 017

ONNOGHEN, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Osun State National Assembly, Governorship and Legislative House Election Tribunal holden at Osogbo in an Election Petition No. OS/LHET/3/2003 delivered on 14th July, 2003 in which it struck out the appellant’s petition on the ground of incompetence. The facts of the case include the following:

The appellant and first respondent were candidates in the State House of Assembly election held on 3rd May, 2003 in respect of Oriade

Constituency seat of Osun State. While the appellant contested the election under the platform of Peoples Democratic Party (PDP), the 1st respondent did so under Alliance for Democracy (AD). At the conclusion of the election process, the 1st respondent was declared the winner of that election with 12,380 votes as against the appellant’s 12,108 votes. The appellant was dissatisfied with the result of the said election and therefore filed a petition before the said Tribunal. T…