OYEBISI F. OMOLEYE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Governorship/Legislative Houses Election Tribunal (hereinafter referred to as the Tribunal) sitting in Akure, Ondo State, delivered on 17th July, 2008.
The Appellant, Mr. O. Aladetan contested in the general election held on 14th April, 2007, into the Ondo State House of Assembly, for Ilaje Constituency I in Ilaje Local Government Area under the platform of Peoples Democratic Party (PDP). The 1st Respondent, Mr. Wole J. Ogunyemi, the candidate fielded by the Labour Party also contested for the same seat in the said election. At the end of the election, the Appellant was declared winner and duly returned by the 2nd Respondent.
The 1st Respondent was dissatisfied with the return of the appellant he filed a petition at the Tribunal. At the end of the trial of the petition the Tribunal upheld the petition of the 1st Respondent and nullified the election of the Appellant. The 2nd Resp…