MOHAMMED, J.C.A. (Delivering the Leading Judgment): The appellant/petitioner, Mr. Olorunfemi Adeloye was a councillorship candidate for Ijagba, Ward 7, Ose Local Government Area of Ondo State on the platform of the Peoples Democratic Party (P.D.P.) at the local government elections held nationwide on 5th December. 1998. The 1st respondent Monday Oviolola also contested the same election under the platform of the All Peoples Party (A.P.P.) and emerged as the winner of the election following the declaration of the results. The appellant/petitioner who was not happy with the results of the election filed a petition before the Local Government Election Tribunal of Ondo State sitting at Akure and asked for the following reliefs:-
(i) A declaration that the 1st respondent was not qualified to contest the December 5, 1998 councillorship polls for Ijagba, Ward 7, Ose Local Government as required by law.
(ii) A declaration that the 1st respondent's election as the councillor of the said ward …