Oladejo Babatunde Munir & Anor V. Olowo Rotimi Emmanuel & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the National and States Houses of Assembly Tribunal (Panel I) sitting at Ikeja, Lagos State and delivered on the 17th day of September 2015 in a petition No. NA/LEGH/EPT/L/S/22/2015 by S.C. ORIJI (CHAIRMAN) B.F ETUK (MEMBER) and K. DABO (MEMBER) wherein the petitioners (now Appellants) petition was dismissed.

The 1st Appellant was a candidate of the 2nd Appellant (Peoples Democratic Party (PDP) for the election conducted on the 11th day of April 2015, as member to represent SHOMOLU I Constituency in the Lagos State House of Assembly.

The 1st Respondent was also the candidate of the 2nd Respondent (All Progressives Congress (APC) in the same election conducted by the 3rd Respondent on the said 11th April, 2015.

Prior to the election, the 2nd Respondent wrote a letter titled, “NOTICE OF SPECIAL CONGRESSES FOR THE NOMINATION OF CANDIDATES – 2015 GENERAL ELECTIONS” and dated 19-9-2014. It was addressed to the 3rd Respondent (Independent National Electoral Commission (INEC) wherein the said 3rd Respondent was officially informed that the 2nd Respondent had

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scheduled the party’s primary election particularly for the Lagos State House of Assembly for the Saturday 8th November, 2014.

Subsequently, the 2nd Respondent by another letter dated 18-11-2014 and titled REVISED DATE FOR THE CONDUCT OF PRIMARIES” wrote to inform the 3rd Respondent it has rescheduled dates for the conduct of primaries and it affects the state House of Assembly, to 1-12-2014.

On the said 1-12-2014 the primaries for the Lagos State House of Assembly were held by the 2nd Respondent and the 1st Respondent scored the highest number of votes and was accordingly nominated as the 2nd Respondent’s candidate to contest the 11-4-2015 election into the Lagos State House of Assembly.

Upon the conclusion of the said election which held on 11-4-2015, the 1st Respondent was declared winner and duly elected member to represent SHOMOLU I Constituency in the Lagos State House of Assembly by the 3rd Respondent (INEC).

The Appellants were not satisfied with the outcome of the said election and consequently filed a petition before the National and State Houses of Assembly Election Petition Tribunal, Lagos (henceforth called the “Tribunal”), wherein they sought the

2 following reliefs:

WHEREOF the petitioners pray that this petition be determined as follows:-

(a) A DECLARATION that 1st Respondent being the candidate of the 2nd Respondent in the election conducted by 3rd Respondent for the SHOMOLU I constituency of the Lagos House of Assembly on the 11th day of 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 fell short of the period of at least 21 days required by Section 85(1) of the Electoral Act, 2010 (As Amended).