PEOPLES DEMOCRATIC PARTY (PDP) & ANOR V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS.

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the National Assembly/Legislature Houses Election Petition Tribunal sitting in Abeokuta, Ogun State, delivered on the 18th of August 2011 in petition No.EPT/OG/LH/10.2011 wherein the Tribunal dismissed the petition for lack of diligent prosecution.

The facts of the case are that 1st Respondent conducted into the State House of Assembly on the 26th of April 2011. The 2nd Appellant and the 2nd Respondent contested the House of Assembly seat for the Ijebu East State Constituency, Ogun State. 1st Appellant was the flag bearer of the 2nd Appellant while the 2nd Respondent was sponsored by the 3rd Respondent. At the conclusion of the election exercise, the 1st Respondent announced the results and declared the 2nd respondent as the winner of the election. The Appellants as petitioners before the lower Tribunal brought a petition dated and filed on the 18th of May 2011 challenging the result decl…