MODUPE FASANMI, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of National and State Houses of Assembly Election Tribunal sitting in Abeokuta Ogun State delivered on the 11th of October, 2011.
Briefly, the 2nd Appellant and the 2nd Respondent contested for the House of Representatives seat of Egbado North/Imeko Afon Federal constituency in Ogun State during the 9th of April, 2011 general elections.
The election was conducted by the 1st Respondent which declared the 2nd Respondent who was sponsored by the 3rd Respondent as the winner of the election. Appellant disputed the result of the election and the eligibility of the 2nd Respondent to contest the election. Appellants filed a petition at the lower tribunal on three grounds namely:
(1) The 2nd Respondent did not win a majority of the lawful votes cast at the said election and was therefore not duly elected or returned
(2) That the 2nd Petitioner polled the majority of lawful votes cast at the said ele…