ONNOGHEN, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Osun State National Assembly, Governorship and Legislative House Election Tribunal holden at Osogbo in an Election Petition No. OS/LHET/3/2003 delivered on 14th July, 2003 in which it struck out the appellant’s petition on the ground of incompetence. The facts of the case include the following:
The appellant and first respondent were candidates in the State House of Assembly election held on 3rd May, 2003 in respect of Oriade
Constituency seat of Osun State. While the appellant contested the election under the platform of Peoples Democratic Party (PDP), the 1st respondent did so under Alliance for Democracy (AD). At the conclusion of the election process, the 1st respondent was declared the winner of that election with 12,380 votes as against the appellant’s 12,108 votes. The appellant was dissatisfied with the result of the said election and therefore filed a petition before the said Tribunal. T…