JOHN AFOLABI FABIYI, J. C. A. (Delivering the Leading Judgment): This is an appeal against the judgment handed out by the Election Tribunal on 2nd of October, 2007. The Chairman and Members of the Governorship and Legislative Houses Election Petition Tribunal nullified the election of the appellant and ordered a bye-election in all the 124 units which make up the Kajola State Constituency of Oyo State of Nigeria.
The facts of this matter are very crucial I need to assemble same briefly to enable me properly address the issues strenuously canvassed by the parties in this appeal The 1st Respondent who petitioned at the Tribunal was a candidate of the Peoples Democratic Party (PDP for short) while the appellant herein was a candidate under the banner of Action Congress (A.C. for short). At the general election conducted by the 3rd respondent into the Kajola State Constituency of Oyo State House of Assembly on 14-04-07, elections were held in 123 units out of the 124 units in the constitu…