MR Joseph Olujimi Kolawole Agbaje V. Independent Electoral Commission & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment)

On 11-4-2015, the 1st respondent conducted a general election to the office of Governor of Lagos State. The 4th respondent on 13-4-2015 declared the 2nd respondent winner of the election and returned him elected as Governor of Lagos State.

Dissatisfied with the result of the election declared by the 4th respondent, the appellant and the People’s Democratic Party, the political party that sponsored him for the election, on 30-4-2015, filed an election petition commencing election petition no. GOV/EPT/L/1/2015 against the respondents herein, in the Lagos State Governorship Election Tribunal.

The grounds for the petition are that:

(a) Contrary to paragraph 28 of the approved guidelines and regulations for the conduct of the 2015 general elections issued by the 1st respondent, the number of votes cast is more than the number of accredited voters and that therefore the votes declared in favour of the 2nd respondent and the result of the election is invalid

(b) There were so many irregularities in respect of the use of the card readers during the election, so that so many polling units did not have the card reader or make use of the card readers even where available and that such polling units are Epe, Badagry, Mushin, Ikorodu, Eti Osa, Alimosho, Ikeja, Ibeju Lekki, Lagos Island, Apapa, Ifako Ijaiye, Kosofe, Mainland, Agege and Somolu (fifteen in number)

(c) The 2nd respondent was not qualified to contest the said election as he was not validly sponsored by the 3rd respondent as its candidate for the election in that he was nominated, selected and sponsored as the 3rd respondent’s candidate for the election, through a governorship primary that held on 4-12-2015 without the prior 21 days notice to the 1st respondent of the holding of such a primary as required by Section 85 of the Electoral Act 2010, that the nomination and sponsorship of the 2nd respondent as the 3rd respondent’s candidate for the election was invalid and that he was not sponsored by the 3rd respondent and so was not qualified for election as required by Section 65 (2) (b) of the 1999 Constitution.

(d) The 2nd respondent was not qualified to stand for the Governorship Election in Lagos State because the 2nd respondent who hails from Ilaje Local Government Area in Ondo State, as he had stated in his Joint Administration Matriculation Board Form some years back, falsely declared in the affidavit attached to his candidates nomination form which he submitted to the 1st Respondent as a candidate for the election, that he is from Epe Local Government Area of Lagos State.

In paragraph 19 of the petition, the petitioner claimed for the following reliefs:

1. That it may be determined and declared that the 3rd Respondent cannot validly present a candidate for the election into office of the Governor in the gubernatorial election of 11-4-2015, having failed to comply with mandatory provisions of Section 85 of the Electoral Act, 2010 (as amended)
2. That it may be determined and declared that the 2nd respondent, Mr Dapo Akinwumi Ambode, being the candidate presented by the 3rd respondent, was not qualified to contest the Lagos State gubernatorial election conducted on 11-4-2015 because his nomination was not in compliance with the mandatory provisions of the Electoral Act and the Constitution of the Federal Republic of Nigeria 1999 (as amended)
3. That the 2nd respondent be disqualified as a candidate for the gubernatorial election held in Lagos State on 11-4-2015 because his nomination was not in compliance with the mandatory provisions of the Electoral Act and the Constitution of the Federal Republic of Nigeria
4. That it be determined and declared that the 1st petitioner, Mr Joseph Olujimi Kolawole Agbaje, being the candidate with the highest number of votes cast amongst the lawful and valid candidates for the gubernatorial election held in Lagos State on 11-4-2015, be declared the winner of the said election
5. An order nullifying the act of the 4th respondent in declaring the 2nd respondent, Mr Dapo Akinwumi Ambode as the Governor-Elect in the gubernatorial election held in Lagos State on 11-4-2015
6. That it be determined and declared that the 1st petitioner is the winner of the gubernatorial election held in Lagos State on 11-4-2015, being the candidate with majority votes cast amongst the lawful and valid votes cast at said election
7. An order mandating the 1st respondent, through the 4th respondent, to declare and return the 1st petitioner; Mr Joseph Olujimi Agbaje, being the candidate of the 2nd petitioner, as the Governor-Elect of Lagos State
8. An order nullifying the Lagos State gubernatorial elections conducted by the 1st respondent in Lagos State on 11-4-2015 in the following areas:

a. Epe

b. Badagry

c. Mushin

d. Ikorodu

e. Eti-Osa