MUKHTAR JCA (Delivering the Lead Judgment): By an election petition dated 10 May 2007 and filed on 11 May 2007, the appellants beseeched the Governorship and Legislative Houses Election Tribunal, LagosState (hereinafter referred to as ‘the Tribunal’) to nullify the election held on 14April 2007, and subsequent return of the 4th respondent on the platform of the 5th respondent as the winner of the election for the Lagos State House of Assembly in the Alimosho 1 constituency. The petition was brought pursuant to section 145(1)(d) of the Electoral Act, 2006, claiming that the 1st petitioner/appellant was validly nominated to contest the said election on the platform of the 2nd petitioner/appellant, but was unlawfully excluded wherefrom by the 1st respondent.
The respondents filed their respective replies to the petition raising objections to the competence of the petition. A motion dated 15 June 2007 and filed on 27 June 2007 by the 4th and 5th respondents challenged the competence of t…