Chief Wellington Ilori Akingbulu & Anor. V. Hon. Olusegun Ogunbanjo & Anor. (2008)

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MONICA BOLNA’AN DONGBAN-MENSEM, J.C.A, JP+

The 1st and 2nd Appellants had filed a joint petition before the National Assembly/Governorship and legislative Houses Election Petition Tribunal holden at Lagos State. The 1st – 4th Respondents were the Respondents in the said joint petition.

In the joint petition which was filed on the 21st day of May 2007, the Appellants complained of having been unlawfully excluded from the election for the House of Representatives seat for the Ajeromi/Ifelodun Federal Constituency.

The said election was held on the 21st day of April, 2007 after which the 1st Respondent was declared and returned as the person who won. The 2nd and 3rd Respondents are officials of the 4th Respondent. The 1st Appellant alleges that the 3rd Respondent had screened and cleared him as a nominated candidate of his political party, the 2nd Appellant.

Paragraph 12 of the Petition filed bears the relief sought of the election Tribunal and they are in these terms:

“12. Wherefore the 1st and 2nd Petitioners pray:-

(a) That it may be determined that the Federal House of Representatives Election held on the 21st day of April, 2007 for the Ajeromi/Ifelodun Constituency where the 1st Respondent Hon. Olusegun Ogunbanjo was returned is invalid, null and void.

(b) That it may be determined that having used the wrong ballot papers which excluded the 1st and 2nd Petitioners a winner should not have been declared.

(c) That the return of the 1st Respondent be set aside.

(d) That the Tribunal shall nullify the said election and order that a fresh one be conducted for the House of Representatives, Ajeromi/Ifelodun Constituency to enable the Petitioners participate in the contest and thereby ensure equality, fairness and natural justice in accordance with the law”. (Refer pages 6-7 of the records for this appeal).

All the respondents filed their replies to the Petition denying the allegations of the Appellants.

However, on the 17th day of July 2007, the 1st Respondent filed a preliminary objection to the Petition in which the jurisdiction of the Election Tribunal was challenged. The grounds for the objection are as follows:-

(a) The Petitioners lack locus standi to present the Petition,

(b) The Petitioners did not meet all the conditions precedent to the filling of the Petition,