The Court of Appeal in Abuja, on Saturday afternoon, affirmed the election of Senator Wasiu Eshinlokun-Sanni of the All Progressives Congress (APC) as the authentic winner of the Lagos Central senatorial seat election and dismissed the appeal of Francis Adewale Gomez of the Peoples Democratic Party (PDP).
Dismissing Gomez’s appeal in a unanimous decision, the three-man panel of Justices of the Court of Appeal (JCAs) upheld the argument of the lead lawyer to Eshinlokun-Sanni, Mr Wahab Shittu (SAN) and rejected the legal argument of the lead lawyer to Gomez, Mr Joseph Daudu (SAN).
The Independent National Electoral Commission (INEC) had declared Eshinlokun-Sanni as the winner of the senatorial election on February 25, but Gomez had kicked against the declaration of the APC candidate.
The PDP candidate later filed a petition before the National and State House of Assembly Election Petitions Tribunal sitting at the Lagos High Court Annex, Tafawa Balewa Square, Lagos.
But the Tribunal led by Justice Faruku Bunza, Justice LTC Eruba and Justice Kadi Inuwa, dismissed Gomez’s petition on the grounds of being abandoned and upheld the election of Eshinlokun-Sanni.
Dissatisfied, Gomez approached the Court of Appeal in Abuja for redress, asking the appellate court to set aside the verdict of the Tribunal and declare him as the winner of Lagos Central senatorial seat.
However, delivering its judgment in the appeal marked – PET No: EPT/LAG/SEN/03/2023 , APPEAL No: CA/EPT/LA/SEN/05/2023, the Court of Appeal held that the application was anchored on two issues:
(1) Whether a pre-hearing notice filed before the close of pleading in an election petition is of lawful validity?
(2) Whether the Honourable Tribunal was correct in law to have ruled on the application dismissing the petition without reserving the
determination of same till the final judgment in compliance with section 285(8) of the 1999 Constitution (as amended)?
On whether the Tribunal was correct in law to have dismissed the petition as being abandoned, the appellate court adopted the argument of Wahab Shittu, lawyer to Eshinlokun-Sanni (the second respondent) and revolved the first issue against Gomez (the first appellant).
The Court of Appeal further held that the word ‘Shall’ in Paragraph 18 First Schedule connotes mandatory compliance when making application for Pre Hearing notice under the Electoral Act, 2022.
It added that Pre Hearing Notice effected contrary to Paragraph 18 of the First Schedule is premature and incompetent.
The appellate court also faulted the argument of JB Obande Ogbuinya JCA,
O E Williams Dawodu JCA
M L Abubakar Daudu, lawyer to Gomez, that Eshinlokun-Sanni and the All Progressives Congress (third respondent) lacked the locus to challenge service on the Independent National Electoral Commission (first respondent) is an expansion of the statute, saying that the argument cannot scale through and therefore must hit the rock.
The Court of Appeal also resolved issue two against Gomez and in favour of Eshinlokun.
The appellate court further held on issue two that it found the argument of Eshinlokun and the APC cogent and apt and consequently adopted them.
The appellate court then said, “ The Appeal is hereby dismissed. Tribunal judgment is affirmed.”
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