AUGIE JCA (Delivering the Lead Judgment): The appellant soughtand was granted leave by an Ibadan High Court of Justice, Oyo State to apply for - an order of mandamus to compel the 1st respondent to swear him in as councillor Ward 12, Ibadan North East Local Government; a declaration that he is entitled to payment of salaries and emoluments accruable to a councillor from 2April 2004 till date of payment and thereafter,till end of his term; and an order for payment of the said salaries and emoluments. The grounds upon which the reliefs are sought are that: (i) Theapplicant contested the councillorship election on 27 March 2004 and was declared and returned the winner by the returning officer in accordance with the State Independent Electoral Commission (SIEC) Law, 2001. A copy of the certificate of declaration issued to the applicant is attached as exhibit 1.
(i ) The applicant presented himself along with other returned candidates to the 1st respondent herein on 2April 2004, to be swo…