19th January, 2012
The Lagos State Local Government Election Tribunal has dismissed the notice of preliminary objection filed by Chairman of Ikoyi/Obalende Local Council Development Area, Adewale Adeniji against the petition of Ibrahim Babajide Obanikoro, challenging his victory.
Adewale had filed a notice of preliminary objection against the petition of Babajide, the son of Nigeria’s High Commissioner to Ghana, Senator Musiliu Obanikoro, before the tribunal chaired by Retired Justice Dolapo Akinsanya on the ground that it lacks jurisdiction and also asked for any other order that the tribunal may deem fit.
In its ruling however, the tribunal dismissed the application on the grounds that it lacks merit and awarded N100,000 to Obanikoro against Adewale.
While throwing out the application to dismiss the suit which has the State Independent Electoral Commission (LASIEC) joined as respondent, the tribunal noted that based on the provisions of the Local Government Election Tribunal Law, they can sit on the matter.
The tribunal also held that an unnecessary application should not be brought before it while a time-bound trial is on, especially in a case where 104 witnesses are expected to be called.
This is the second application filed by Adewale that would be thrown out by the tribunal.
Earlier in a preliminary notice of objection filed by his counsel, Mr. Olushina Sofola, he had stated that the petition was “defective and incompetent’’ as the statement on oath by the petitioner’s 27 witnesses were not properly deposed to.
He cited Section 117 (4) of the Evidence Act which says that anyone swearing to an affidavit must sign it.
“The provision of this section clearly speaks for itself. An affidavit that is not signed cannot be relied on. I will be urging the court to strike out the statement on oath of those 27 witnesses because the court lacks jurisdiction to rely on a statement on oath that is not signed.”
He had added that the irregularity in the statement of oath is fundamental and cannot be overlooked as it did not comply with the provisions of the Evidence Act.
Counsel to Obanikoro, Chief Bolaji Ayorinde, (SAN) had urged the tribunal to dismiss the application, saying it was premature and defective. He also faulted Sofola’s argument that the statement on oath by 27 witnesses of the petitioner did not comply with Section 117(4) of the Evidence Act because it was not signed.
“Witnesses’ statements are distinct and different from ordinary affidavit evidence. Therefore, the position taken by the respondent concerning the witnesses’ statements does not hold water. I have 10 witnesses in court and they are ready to come here and adopt it. Therefore, this objection is premature and I urge your lordships to dismiss the application,” he said.
Ayorinde also noted that the application was not accompanied by a written address when it was served on the parties, adding that this had made it incompetent.
“The rules provide that the process must be accompanied by a written address, which was not done. Any apology being tendered by the first respondent is belated and this was highlighted in our reply on point of law,” he said.
The tribunal at that time dismissed that application too and awarded a cost of N50,000
Hearing in the suit continues on Tuesday, 24 January 2012.
—Henry Ojelu