The National and State House of Assembly Election Tribunal sitting in Lagos has dismissed the petition filed by Labour Party (LP) candidate for the Lagos state Central senatorial district in the election, Abiodun Dabiri against the winner of the election, Senator Wasiu Eshinlokun-Sanni.
The Tribunal in a unanimous judgment delivered by Justice Ashua Ewah dismissed the petition for being incompetent and that the issue raised falls within pre-election matters.
Other members of the tribunal are Justices Abdulahi Ozegya and Justice Mohammed Sambo.
The respondents in the petition are the Independent National Election Commission (INEC), Eshinlokun-Sanni, and All Progressives Congress (APC).
While the petitioners are Dabiri and the Labour Party (LP).
The petitioners had in their petition, filed through their counsel, Ikechukwu Nwana, asked the Tribunal to nullify the Lagos Central Senatorial District election held on Saturday, February 25, 2023, by reason of non-compliance with the provisions of the Electoral Act.
They argued that the failure of the first respondent (INEC) to include the symbol adopted by the 2nd petitioner, LP, or other information relating to the 2nd Petitioner on the ballot papers used for the conduct of the said election rendered the exercise invalid.
However, during the pre-trial hearing, the second respondent, Eshinlokun through his counsel, Wahab Shittu (SAN) filed two preliminary objections seeking an order striking out the petitioner’s reply dated May 12 and filed May 13, 2023.
The respondent based his applications on the ground that the first petitioner has no locus standi to present the petition on the ground of not being a candidate in the election for Lagos Central Senatorial District held on February 25, 2023.
Shittu also argued that the first petitioner is not entitled to present the petition for failure to comply with Section 133(1)(a) of the Electoral Act 2022.
“The ground upon which the petition is predicated relates to sponsorship and nomination of candidates which is a pre-election matter and therefore invalid and unknown to the Electoral Act 2022.
“The second application dated 18th May 2023 is premised on the fact that the Petitioner’s reply was an attempt to enlarge the petition. Contrary to paragraphs 14 (2)(a) and 16(1)(a) of the First Schedule to the Electoral Act 2022.”
The learned silk argued that Paragraph 16(1(a) prohibits the petitioners from enlarging or amending their petition by the use of their reply.
