M.D. MUHAMMAD JCA (Delivering the Lead Judgment): On 14 April 2007, the 1st, 2nd, 4th -11th respondents conducted the House of Assembly elections in Ogun State. Mr. Dele Taiwo Ololade and Mr. Olusola David Kojeku together with other candidates contested the elections in respect of the Egbado North Constituency I. Mr. Ololade was sponsored by theAll Nigeria Peoples’ Party (ANPP), while Mr. Kojeku contested on the ticket of the Peoples’Democratic Party (PDP). At the end of the election, Mr. Olusola David Kojeku was returned as the duly elected member for Egbado North Constituency I. Being dissatisfied with the return of Mr.
Kojeku by the electoral body and its officials, Mr. Ololade filed a petition seeking the nullification of the return. Mr. Ololade also asked the lower Tribunal to declare him the lawfully elected candidate for the constituency in place of Mr. Kojeku, the 3rd respondent herein.
Having failed to apply for the issuance of the pre-hearing notice within the time provided …