1st July, 2015
Henry Ojelu
The Lagos State Governorship Election Tribunal sitting in Ikeja, Lagos, western Nigeria, on Wednesday dismissed the petition filed by Peoples Democratic Party, PDP, candidate, Jimi Agbaje, against Akinwunmi Ambode of the All Progressives Congress, APC.
Agbaje had petitioned the tribunal challenging the declaration of Ambode as the winner of the 11 April, 2015 governorship election in the state.
The PDP candidate had alleged irregularities during the election which he said breached the provisions of the Independent Electoral Commission’s (INEC) approved guidelines for the polls.
But ruling on the preliminary application filed by Ambode’s lawyer, Chief Wole Olanipekun, the three-man panel led by Justice Muhammad Sirajo held that the petition was incompetent.
The panel specifically noted that the petitioner, Jimi Agbaje did not ask for a fresh election despite asking the court to nullify the election.
Delivering the ruling, the panel said: “In the instant petition, apart from seeking an order nullifying the election of the second respondent, the petitioner did not ask for an order of fresh election. So, if for instance, the election is nullified, the people of Lagos State would be left in an anarchic situation as no order can validly be made for the conduct of fresh election, same having not been sought for.
“A petition that is found on disqualification of a respondent and an order of nullification of the election must of necessity contain a prayer for an order of fresh election. 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).
“Where no relief for fresh election is claimed in a petition, a ground of petition founded on section 138(1)(b) of the Electoral Act and the entire petition itself are incompetent and liable to be struck out.”
In striking out the petition, Justice Sirajo said: ” It is for this reason that the grounds of the petition that survived up till this point can no longer be countenanced. In the circumstance paragraph 13(b) and 14 of the petition and reliefs 19(5) and 19(8) are hereby struck out in view of the want of the relief seeking for the conduct of fresh election. Having done so, the petition becomes bare and empty.
“In the final analysis, and in consideration of our foregoing decisions on all the issues raised in this application, we hold that the application has merit and is hereby granted as prayed. This petition is struck out for being incompetent.”
While moving the preliminary objection to the petition, Olanipekun had argued that the petition should be struck out for being incompetent.
Olanipekun argued that there was no correlation between the reliefs being sought by the petitioner and the particulars of application on one hand and the grounds for questioning the election on the other hand.
“The grounds and particulars in the petition are at opposites with the facts and reliefs being sought within the purview of Section 285(2) of the 1999 Constitution. I urge my Lordships to dismiss the petition,” Olanipekun said.
He further said that there was nowhere in the pleadings where the petitioners attacked the victory of the respondents or questioned the conduct of the election.
Olanipekun said: “I submit that there is no petition before your lordships known to law. There are no grounds challenging the election of my client under Section 138(b)(c) of the Electoral Act 2010 as amended.”
According to him, the court cannot act on sentiment and sympathy of parties emphasizing that sympathy does not override clear provisions of the law.
Counsel to APC, Dr Muiz Banire aligned with the submissions of Ambode’s counsel and described the petition as having no ground and therefore should be struck out.
“This is a groundless petition, there is no petition before your Lordships. I pray that the purported document before your Lordships be struck out,” Banire said.
However, counsel to Agbaje, Mr Clement Onwuenwunor, opposed their submissions and maintained that the petition was competent.
Onwuenwunor argued that the issues for determination by the tribunal had been carefully spelt out.
Said he: “Paragraph 13(a) and (b) of our petition questioned the election in Lagos State on the grounds of non-compliance with the Electoral Act and irregularities such as in the use of the card readers.
“We have looked at their preliminary objections in this case and have concluded that they are objections made on mere technicalities.”
He urged the tribunal to dismiss the notices of preliminary objection with substantial costs in favour of the petitioner.
However, ruling on the issue, the three-man tribunal led by Justice Muhammad Sirajo ay upheld the preliminary objection raised by Chief Wole Olanipekun that the petition was incompetent.
Reacting to the judgment, Olanipekun said: “We have come to the end of the proceedings in the respect of challenge with the election of Governor Akinwumi Ambode as the Governor of Lagos State.
“The tribunal agreed that the petition is incompetent. The court also agreed that incompetent petition does not meet the requirement of the tribunal.
“The petition has to be based on the Electoral Act and the constitution. The tribunal also agreed that the petition having not been grounded on the constitution as well as Electoral Act binding decisions of the court of Appeal and Supreme Court the tribunal is bound to follow, the tribunal has no alternative than to strike out the case.”