Amuda Yusuf Animashaun & Anor V. Oluyinka Ogundimu & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the National/State Legislative Houses Election Tribunal (Panel 3), Ikeja, Lagos delivered on the 6th day of October 2015 wherein the trial Tribunal dismissed the petition of the appellant and confirmed the declaration and return of the 1st respondent by the 3rd respondent as the duly elected member representing Agege II Constituency in the Lagos State House of Assembly.

The 1st appellant was a candidate of the 2nd appellant at the Lagos State House of Assembly Election held on 11/4/2015. At the end of the election, the 3rd Respondent returned the 1st Respondent as the winner of the election. The Appellants who were dissatisfied with the declaration and return of the 1st respondent challenged the return on the ground that he was not qualified to contest the election.

The brief summary of facts as alleged by the appellants are that the 2nd respondent, All progressive Congress (APC) held its primary elections for the House of Assembly on the 1st day of December, 2014 without giving the 3rd Respondent (INEC) the requisite 21 days Notice as required by Section

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85(1) of the Electoral Act. Prior to the date for the primaries, the 2nd Respondent issued on initial Notice to INEC dated 19th September, 2014 (EXHIBIT D1) that primaries shall be conducted on the 8th of November, 2014. But before the said date, the 2nd Respondent via another letter to INEC dated 18th November, 2014 (EXHIBIT C) notified the INEC, 3rd Respondent that the date has been rescheduled and that the primaries will subsequently hold on the 1st December, 2014. The contention of the Appellants is that the second notice rescheduling the election did not comply with the 21 days notice required by law. They therefore filed a petition wherein they claimed the following:

(a) A DECLARATION that 1st Respondent being the candidate of the 2nd Respondent in the election conducted by the 3rd Respondent for the AGEGE II constituency of the LAGOS STATE HOUSE OF ASSEMBLY on the 11th APRIL, 2015 was not on the ballot and did not participate in the said election as the Notice of the Party primaries which produced the 1st Respondent as candidate of the 2nd Respondent given by the 2nd Respondent to the 3rd Respondent fell short of the period of at least 21 days required

?2by Section 85(1) of the Electoral Act 2010 (As Amended).

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(b) AN ORDER nullifying the declaration and return of the 1st Respondent as candidate of the 2nd Respondent as winner in the election conducted by the 3rd Respondent for the AGEGE II constituency of the Lagos State House Assembly on the 11th April, 2015 on the ground that the 1st Respondent ought not to, and was not qualified to have contested the said election having violated Section 85(1) of the Electoral Act, 2010 (As Amended).

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(c) A DECLARATION that the 1st Petitioner as candidate of the 2nd Petitioner having scored the highest number of the lawful votes of 12,066 cast in the election conducted by the 3rd Respondent for the AGEGE II constituency of the LAGOS STATE HOUSE OF ASSEMBLY on the 11th April, 2015 amongst all the candidates eligible to contest in the said election be declared the winner and duly returned.

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(d) AN ORDER declaring the 1st petitioner as candidate of the 2nd Petitioner having scored the highest number of the lawful votes of 12,066 cast in the election conducted by the 3rd Respondent for the AGEGE II constituency of the LAGOS STATE HOUSE OF ASSEMBLY on the 11th April, 2015 amongst