Tribunal Dismisses Petition Against GOS

The National Assembly/Legislative House Election Petition Tribunal, sitting in Lagos, Southwest Nigeria, has dismissed the petition of Peoples Democratic Party, PDP, senatorial candidate for Lagos West Constituency, Mr. Moshood Adegoke Salvador, against his Action Congress of Nigeria, ACN, counterpart, Senator Ganiyu Olanrewaju Solomon, GOS.

Salvador had in his petition urged the tribunal to declare him winner of the April election and submitted that he ought to have been returned as having secured the highest number of valid votes cast in the election.

But, ruling on a preliminary objection brought by Prof. Yemi Osibajo, SAN, counsel to Senator GOS, the tribunal Chairman, Justice Maurice Eneji, held that the petition was fundamentally defective and irreparable.

Justice Eneji further held that the petition did not contain a specific prayer for the nullification of the election as required by section 139 (1) of the Electoral Act.

The petitioner had joined the Independent National Electoral Commission, INEC, and the Returning Officer as respondents respectively.

But, in a preliminary objection filed by Prof. Osibajo, former Attorney General and Commissioner for Justice, Lagos State, he urged the tribunal to dismiss the petition for lack of jurisdiction.

He argued that the petition failed to plead that the alleged non-compliance complained of substantially affected the result of the election.

Osibajo submitted that the petition did not contain specific prayer for the nullification of the election of the third respondent, GOS, as required by section 139 (1) of the Electoral Act.

“The petition is fundamentally defective as it does not contain any prayer for the nullification of the victory of third respondent. Also, there is no room for amendment,” he submitted.

In his reply, the counsel to the petitioner urged the tribunal to take cognisance of paragraph 53(1,4) of the first Schedule of the Electoral Act, adding that the tribunal has discretionary powers to cure any irregularities noticed in the petition.