CaseLaw
Omidiran V. Etteh (2010) CLR 7(m) (CA)
Judgement delivered on 22ND MARCH, 2010
Brief
Facts
This is an appeal against the rulings and judgment of the Governorship and Legislative Houses Election Petition Tribunal holden at Osogbo (hereinafter referred to as the Tribunal) delivered on 17th January 2008. 3 1s1 May 2008, 31st March, 2008 and 31s' May, 2008 respectively.
On 21st April 2007 elections were held into the Federal House of Representatives for the Ayedaade/lrewole/lsokan Federal Constituency of Osun State. The appellant contested the election on the platform of the Action Congress (AC) while the 1st respondent contested on the platform of the People’s Democratic Party (PDP).
At the conclusion of the election, the 3rd and 4lh respondents returned the 1st respondent as the winner. The appellant was dissatisfied with the return of the Is1 respondent and filed a petition before the Tribunal, which was subsequently amended by order of court, challenging the said return on the ground, inter alia, that the election was characterized by numerous electoral malpractices, irregularities and non-compliance with the provisions of the Electoral Act, 2006. She sought a declaration that the election was invalid and therefore vitiated by reason of non-compliance with the Electoral Act; an order nullifying the elections; and an order C directing the 3rd respondent to conduct fresh elections for the said Federal Constituency.