JUMMAI HANNATU SANKEY, J.C.A, (Delivering the Leading Judgment): Election into the Ekiti State House of Assembly seat for Ekiti West Constituency II was held on 28th April, 2007. The 1st Appellant was a candidate and he contested on the platform of 2nd Appellant, Action Congress, one of the registered parties in Nigeria. The 1st Respondent was also a candidate at the election and he contested on the platform of the 2nd Respondent, Peoples Democratic Party. At the conclusion of the election, the 3rd Respondent, INEC, declared the 1st Respondent winner having scored the highest votes at the election. The Appellants were dissatisfied with the results as declared and so filed a Petition at the Governorship and Legislative Houses Tribunal for Ekiti State on the 28th May, 2008.
Hearing in the Petition commenced before Panel 1 of the National Assembly/Governorship and Legislative Houses Election Tribunal sitting at Ado-Ekiti. However, while the matter was still part-heard, it was transferre…