MBABA JCA (Delivering the Lead Judgment): The appellants were the petitioners at the National and State House of AssemblyElection Tribunal,
Kwara State, holden at Ilorin in petition No. EPT/KWA/SEN/2/2011, having been dissatisfied with the outcome of 9 April 2011 Senatorial elections, whereof the 1st appellant was a contestant under the Action Congress of Nigeria (ACN), the 2nd appellant herein, representing the Kwara South Senatorial District. The 1st respondent had also contested the said election , but under the platform of the Peoples’ Democratic Party (PDP), 2nd respondent herein. Four other political parties also took part in the said senatorial election. At the end of the exercise, the 3rd respondent (INEC) declared the 1st respondent (and the 2nd respondent) winner of the election having scored majority of lawful votes at the election. The scores by the contesting parties were as follows: Senator Simeon Sule Ajibola (1st respondent) of Peoples’
Democratic Party (PDP) 57,394 vo…