MODUPE FASANMI, J.C.A. (Delivering the Leading judgment): This is an appeal against the ruling of the Governorship and Legislative Houses Election Petition Tribunal sitting at Osogbo delivered on the 1st of December, 2007.
Briefly on the 14th of April 2007, election was held in respect of Ejigbo Local Government Constituency of the Osun State House of Assembly. The 4th Respondent was declared as the winner of the Election by the 1st, 2nd and 3rd Respondents.
The Appellant/Petitioner who was a candidate at the election on the platform of the Progressive Peoples Alliance (PPA) presented an election petition. The ground of the petition was that the Petitioner was validly nominated but was unlawfully excluded from the election.
The 4th Respondent who was the candidate of the Action Congress and who was returned as elected filed a notice of preliminary objection dated the 26th of November, 2007 praying the Tribunal to strike out the petition on the following grounds.
(1) That the petition …