MOORE A. A. ADUMEIN, J.C.A. (Delivering the Leading Judgment): On the 21st day of April, 2007 the independent National Electoral Commission (INEC), the 2nd respondent to this appeal, conducted election to the House of Representatives in respect of Okitipupa/lrele Federal Constituency of Ondo State. Six (6) candidates contested the said election. The appellant and the 1st respondent were among them. The appellant - OLADELE OLATUNJI contested on the platform of Labour Party (LP) while the 1st respondent - DR. WOLE OLAKUNDE contested on the platform of Peoples Democratic Party (PDP). The result of the election was declared on the 21st day of April, 2007 and the appellant was credited with 4, 438 votes while the 1st respondent was credited with 112, 358 votes and consequently declared the winner of the election having polled the highest number of the votes cast.
The appellant was not satisfied with the result of the election and on the 21st day of May, 2007 he filed an election petition a…