Remi Tinubu Floors Labour Party

The Court of Appeal, Lagos Division, Friday morning dismissed the appeal filed by Labour Party, LP, against the election of Action Congress of Nigeria, ACN, candidate Mrs. Oluremi Tinubu, as Senator representing Lagos Central Senatorial District.

The court also awarded N30,000 cost in favour of Senator Tinubu and her party, the ACN.

The court also dismissed the appeal filed by another LP candidate, Sunday O. Aderounmu, against the election of another ACN candidate Kazeem Aliu Babatunde. And a cost of N30,000 was also awarded in favour of Babatunde and the ACN.

The dismissal of the two cases started from the National Assembly and the Legislative House of Assembly Petition Tribunal, Lagos, which struck out their petitions; in line with the Supreme Court judgement and Section 285c of the Constitution which stipulates that all election petitions should be concluded within 180 days.

Dissatisfied, the two LP candidates filed their appeals before the appellate court.

Counsel to LP, Chief Chukwuma Ekomaru, urged the appellate court to set aside the ruling of the tribunal an order it to conclude the hearing of his petition.

Counsel to Senator Tinubu, Chief Wale Olanipekun, SAN, urged the appellate court to dismiss the appeal. He argued that the appeal was challenging the essence of the legal profession.

He further argued that the doctrine of obligation of the courts to honour past precedents is the core of the legal profession and should be respected by all the courts.

Therefore, the petitions must be concluded within 180 days must be respected.

But the LP contended that by virtue of Section 246 of the Constitution, its petition was not status barred as the earlier ruling of the Tribunal and the orders of Appeal were within the 180 days deadline.

Besides, LP counsel argued that the Tribunal erred in law and totally misapplied the decision of the Supreme Court in recent case; thereby occasioning a great miscarriage of justice.

The counsel claimed that the case of ANPP Vs Mohammed Goni and others, upon which the Supreme Court based the decision was entirely different from the facts of the case.

A lead judgement read by Justice John Inyang said: “I was rather disgusted after the Supreme Court had made the pronouncement there was an attempt to circumvent the law, thereby bringing us to the dark ages whereby election petition outlived the tenure of office.

“It is in the interest of the nation and the judiciary to let the sleeping dog lie. There is hardly two cases where the facts are the same. Section 285(c) of the 1999 Constitution as amended, the provision is clear that judgement must be delivered within the 180 days from the day the petition is filed. Therefore, the tribunal was right to have struck out the petition because the matter has exceeded 180 days. It was 300 days old. The time cannot be extended. The law is expedient. The decision of the Supreme Court is right. The tribunal acted appropriately and timely, immediately it was aware of the time.”

Consequently, Justice Inyang said there is no singular merit in the appeal.

He dismissed it.

Another lead judgement delivered by Justice Regina Pemu also dismissed the appeal of House of Representatives Constituency II LP candidate, Aderoumu, who was challenging the eligibility of ACN candidate, Kazeem A. Babatunde.

The tribunal dismissed the petition because of the expiration of time as the matter had outlived 180 days.

Dissatisfied, Aderoumu headed to the appellate court; urging it to set aside the ruling and judgement of the tribunal and also ordered a trial so that the case could be heard on merit.

However, in her judgement, Justice Pemu, also cited Supreme Court judgement in ANPP Vs Mohammed Goni and Section 285 of the Constitution, saying the tribunal was right to have struck out Aderoumu’s petition. She added that the appellant cannot complain of fair hearing when the foundation of his case was faulty; and therefore acceding to the request of the appellant will amount to invitation to anarchy.

“The appeal lacks merit. It is hereby dismissed with a cost of N30,000, against the LP and its candidate in favour of the ACN and Kazeem A. Babatunde,” Justice Pemu ruled.

—Akin Kuponiyi