LAGOS, Federal Republic of Nigeria. The Lagos division of Appeal Court has reserved judgment in an appeal filed by the Lagos State Governorship candidate of Peoples Democratic Party (PDP) in the 2015 general election, Jimi Agbaje, seeking to nullify the election of Akinwunmi Ambode of All Progressives Congress (APC).
The court is also to rule in the cross-appeals filed by Ambode and APC against some aspects of the lower tribunal’s judgment.
The Lagos State Governorship Election Petition Tribunal had, on July 1, upheld Ambode’s victory in the April 11 governorship election. The three-man tribunal, led by Justice Muhammad Sirajo, struck out Agbaje’s petition seeking to nullify Ambode’s declaration as winner. Ambode polled 811,994 votes against Agbaje’s 659,788.
Justice Sirajo said the petition by Agbaje and the PDP were defective because they failed to pray for the conduct of a fresh election.
The tribunal, in a ruling on the consolidated preliminary objection by Ambode and APC, held: “In the instant petition, apart from seeking an order nullifying the election of the second respondent, the petitioner did not ask for an order for fresh election.
“So if, for instance, the election is nullified, the people of Lagos State will be left in anarchy as no order can validly be made for the conduct of fresh election, same having not been sought for.
“Where such a prayer is lacking, the petition will be incompetent and academic as even the resolution of such a petition in favour of the petitioner will not confer any utilitarian value on the petitioner(s).”
Arguing Ambode’s cross-appeal against Agbaje, PDP, the Independent National Electoral Commission (INEC) and the Resident Electoral Commission (REC), Wole Olanipekun (SAN) said Agbaje and PDP’s petition was “irredeemably defective” because it raised an issue that had no relationship with the reliefs they sought.
He said the petitioners claimed there were “corrupt practices” during the election, which he said differed from what they pleaded.
“There is no nexus between this particular ground and the reliefs being sought,” Olanipekun said, urging the court to allow the cross-appeal.
Olanipekun’s contention is that Agbaje and PDP’s petition was incompetent because, according to him, there was nothing in the petitioners’ papers directly challenging Ambode’s victory.
Credit: Daily Independent (Nigeria)
