SOTONYE DENTON-WEST, J.C.A., (Delivering the Leading Judgment): This is an appeal against the decision of the Election Petitions Tribunal, Ado-Ekiti Panel II in Suit No EKS/EPT/REP/27/2007 delivered on the 12th day of June, 2008 in which the petition was struck out for want of prosecution.
The facts of the case can be discerned from the record of appeal and the brief of the respective parties as follows: The Appellants contested for an election on the 21st day of April, 2007 and vied for a seat in the House of Representative Election for Ekiti South Federal Constituency 1 in Ekiti State, but that the 1st and 2nd Respondents were declared winner by the 3rd -8th
Respondents and this prompted the appellants to file a petition at the National Assembly Election Petition Tribunal holden at Ado-Ekiti challenging the declaration of the 1st and 2nd Respondents as winners. After calling some witnesses before the 1st Election Tribunal, another Election Tribunal panel was set up and this is refer…