MIKA’ ILU, JCA (Delivering the Lead Judgment): The Osun State House of Assembly election was held on 3rd May, 2003. One Joshua Adediji, a candidate sponsored by Alliance for Democracy (AD), and one Ismaila
Kolawole, a candidate sponsored by the Peoples Democratic Party (P.D.P.) contested at the said election for Ila State constituency seat at the Osun
State House of Assembly. At the conclusion of the said election, Joshua Adediji was declared as the winner. Dissatisfied, Ismaila Kolawole filed his petition at the Governorship and Legislative Houses Election Tribunal, Osun State. The petition was No: OS/LHET/2/2003. His prayers at the Tribunal as per para. 19 at the petition were for the following:-
“19. That your petitioner prays for:
An order declaring the petitioner as being validly elected having polled the highest number of lawful votes cast at the election.
An order nullifying form EC.8E dated the 3rd of May 2003 issued by the returning officer declaring the 1st respondent as the wi…