25th June, 2015
Henry Ojelu
The Lagos State Governorship Election Tribunal sitting in Ikeja will Friday decide on whether to hear the preliminary objection filed by Governor Akinwunmi Ambode against the petition filed by Peoples Democratic Party, PDP governorship candidate, Jimi Agbaje in the April 11 election.
Agbaje is challenging the declaration of Akinwunmi Ambode by the Independent National Electoral Commission, INEC, as the winner of the election.
At Thursday’s proceedings, the tribunal headed by Justice Mohammed Ibrahim Sirajo proposed that all preliminary objections should be taken along with the petition.
The judge made the issue open and asked parties is the matter to make their submissions.
Counsel to Jimi Agbaje, Clement Onwuenwunor aligned himself with the proposal of the court, saying that the proposal represents the position of the law contained in paragraph 12 of the Electoral Act, 2012 as amended.
Onwuenwunor also argued that the Supreme Court decision in Belgore and Ahmed sanctioned the proposal suggested by members of the tribunal.
He further argued that if the preliminary objections are taken and later result in an appeal which would take months, the right of his client to present his case would be infringed on.
Onwuenwunor prayed the court to follow the proposal it had suggested.
Counsel to Akinwunmi, Wole Olanipekun, (SAN) however opposed the proposal, arguing that paragraph 18 and 47 (1) of the Electoral Act specifies that objections shall be taken before the hearing of the petition.
Olanipekun stated that paragraph 47 of the Electoral Act particularly forbids that any motion be heard without first taking preliminary objection except in extreme circumstance.
He further argued that the petitioner has not presented any extreme circumstance before the court to warrant the non-hearing of the preliminary objection before the substantive motion.
Olanipekun also insisted that the tribunal does not have discretion to change the election petition hearing procedure as the Electoral Act leaves no room for manoeuvring.
He further argued that the preliminary objection which his client has raised bordered on the competence of the petitioner to file the suit and as such should be taken before hearing the actual petition.
Counsel to the All Progressives Congress, APC, Dr Muiz Banire also opposed the tribunal’s proposal, saying that the procedure would automatically terminate all preliminary objections in the matter.
He argued that the position of the law is that whenever an objection is brought through a motion, such objection must be heard immediately.
After hearing arguments of all parties, the tribunal adjourned till Friday for ruling.
Head of the tribunal, Justice Muhammad Ibrahim insisted that the statutory 180 days period for the hearing would commence after the ruling.