CHIOMA EGONDU NWOSU-IHEME (Ph.D), J.C.A), (Delivering the Leading Judgment): These appeals flow from two Election Petitions brought at the lower tribunal in respect of the election into the House of Representatives held on the 21st day of April 2007 for Ese-Odo/Ilaje Federal Constituency in which there were Seven Candidates including Mr. Agboola Ajayi (who stood under the platform of PDP) Omotoye Bayo (under the platform of the Labour Party) and Prince Olubukunola Tony Ebietomiye (under the Democratic People's Alliance).
The first of the Petitions namely EPT/OND/NA/19/2007 was brought by Tony Ebietomiye against Seven Respondents namely; Agboola Ajayi, PDP, INEC and its officials, while the Second Petition No. EPT/OND/NA/24/2007 was brought by Omotoye Bayo against Eight Respondents including Ajayi Agboola, PDP, INEC and its officials. INEC also appealed in both Petitions.
At the end of the election Agboola Ajayi was returned as elected hence the two afore said Petitions.
The two Petiti…