Olayinka Sogaolu V. INEC & Ors (2008)

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ISTIFANUS THOMAS, J.C.A.

The appeal is against the decision of the National Assembly Election Tribunal, Abeokuta Ogun State, delivered on 21st August, 2007 and dismissed the appellant’s petition for non compliance of the Electoral Act 2006.

The brief facts of the petition at the lower Tribunal is that the 1st, 2nd, 4th – 44th respondents filed on 26-07-07 application on notice of an objection challenging the petition on the grounds of lack of jurisdiction and urged that the petition be dismissed or struck out. It was their contention that the petition is fundamentally defective in that it was not in compliance with the Electoral Act 1st schedule and Practice Directions 2007. During hearing of the application, the 3rd respondent verbally aligned himself with the 1st, 2nd, 4th-44th respondents application. In its decision, the Lower Tribunal upheld the said preliminary objection and declared that it had no jurisdiction to entertain the appellant’s petition since he had not applied for the issuance of pre-hearing Notice in Form TF007 within the time stipulated in the Electoral Act and Practice Direction. The Tribunal also found that the petition was not specifically signed personally or by his solicitor.

Dissatisfied with the decision the appellant has appealed to this court on 3 grounds of appeal from which he has formulated three issues for determination. They read as follows:-

ISSUE I

“Whether the Tribunal was right to have treated the petition as abandoned in accordance with paragraph 3 (4) of the Election Tribunal & Court Practice Direction, 2007 in the circumstance of this case. (Ground of Appeal No.3)

ISSUE II

Whether the Tribunal was justified in dismissing the petition for non-compliance with paragraph 4(3)(b) of the first Schedule to the Electoral Act 2006 and placing heavy reliance on Okafor v. Nweke (2007) ALL FWLR (Pt 368) 1066 when the said case differs significantly with the case of the appellant herein. (Ground of Appeal No.2) ,

ISSUE III

Whether haven taken fresh steps in the proceedings by virtue of paragraph 49 of the First Schedule to the Electoral Act, 2006, the 1st, 2nd, 4th-44th Respondents/Applicant are not stopped from raising objections to matter which they have impliedly waived. (Ground of Appeal No.1)”

On the part of the 3rd respondent he formulated similar issues for determination but in different words. They read thus:-

“(i) Whether the Honourable Tribunal was not right to have deemed the petition abandoned pursuant to paragraph 3(4) of the election Tribunal and Court Practice Directions, 2007 and in the face of noncompliance by the parties with the provisions of paragraph 3 (1) and (3) of the said Practice Directions.

(ii) Whether the Tribunal was not justified in dismissing the petition for non-compliance with paragraph 4(3)(b) of the First Schedule to the Electoral Act 2006 and the decision of the Supreme Court in the case of NWEKE (2007) ALL FWLR (PART 368) 1066.

(iii) Whether there was an implied waiver on the part of the Respondents by reason of any fresh steps taken in the proceedings by virtue of paragraph 49 of the 1st Schedule to the Electoral Act 2006 which rendered the application for dismissal belated and incompetent.”