Femi Ikuomola V. Alhaji Ganiyu Alani Ige & Ors. (1992)

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KOLAWOLE, J.C.A.

On 14 December, 1991, the Governorship and Legislative Houses of Assembly Election was conducted in Nigeria. In Lagos State, Mr Femi Ikuomola was a candidate for the House of Assembly on the platform of the Social Democratic Party (SDP) at the Alimosho II constituency. Alhaji Ganiyu Alani Ige was also a candidate for the same constituency. He was sponsored on the platform of the National Republican Convention (NRC).

The election in the constituency was conducted by the National Electoral Commission, the second Respondent. The first Respondent was returned as having been duly elected as a member of the Lagos State House of Assembly with 5,766 votes as against 4,315 votes scored by the Appellant Femi Ikuomola. The Petitioner, Femi Ikuomola not being satisfied with the result of the election presented an Election petition against the Respondents at the Governorship and Legislative House of Assembly Election Tribunal in respect of the election to the Lagos State House of Assembly for the Alimosho II Constituency.

The election of the first Respondent was questioned on two main grounds namely-

(1) At the time of the election, that the first Respondent whose election was questioned was not qualified for being elected as a member of the Lagos State House of Assembly.

(2) The first Respondent did not pay his tax for the requisite period as and when due.

The Respondents filed their respective Replies to the petition. The Appellant testified briefly; he called one witness on his own behalf. The sole witness was Sanoi Olasunkanmi Jokosenumi, a Senior Inspector of Taxes at the Board of Internal Revenue of the Lagos State Ministry of Finance. The first Respondent, Alhaji Ganiyu Alani Ige, also testified on his own behalf. He called no witness. The last witness who testified for the second, third and fourth Respondents was Kayode Oladimeji, the Electoral Officer for Alimosho Local Government Area. At the end of the hearing, learned counsel addressed the Court. On February 6, 1992 the Election Tribunal dismissed the Appellant’s petition.

On March 3, 1992 the petitioner being dissatisfied with the decision of the Election Tribunal filed a Notice of Appeal against the said decision to the Court of Appeal pursuant to section 93(1)(b) of the State government (Basic Constitutional and Transitional Provisions) Decree 1991 (Decree No.50).

On March 11, 1992 he filed the Appellant’s brief of argument. The first Respondent filed the Respondent’s brief of argument on 20 March 1992. Mr. Fola Arthur Worrey, Chief Legal Officer in the Lagos State Ministry of Justice who appeared for the other Respondents did not file any brief of argument.

The President of the Court of Appeal has enacted the practice Direction No. 1 of 1992 in exercise of the powers conferred upon him by section 227 of the Constitution of the Federal Republic of Nigeria, 1979, Section 8(2) of the Court of Appeal Act, 1976, and paragraph 51(2) of Schedule 6 to the State Government (Basic Constitutional and Transitional Provisions) Decree, 1991.

The Practice Direction provides that –

“For the purpose of appeals coming to the Court of Appeal under section 93 of the State Government (Basic Constitutional and Transitional Provisions) Decree, 1991, this Practice Direction shall be observed by all parties.”

Pursuant to paragraph 7 (e) of the said practice Direction-

“When an appeal is called and no party or any legal practitioner appearing for him appears to present oral argument, but Briefs have been filed by all the parties concerned in the appeal, the appeal will be treated as having been duly argued and will be considered as such.”