Olukoya David Doherty v. Hon. Rauf Olawale Age-sulaimon & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED BABA IDRIS, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the National and State Houses of Assembly Election Tribunal, sitting at Ikeja, Lagos State delivered on the 22nd day of September, 2023. See pages 512 – 546 of the record of appeal.

The 1st and 2nd respondents as petitioners before the trial tribunal, aggrieved by the declaration and return of the 4th and 5th respondents (2nd and 3rd respondents at trial tribunal) as the winners of the Amuwo-Odofin II Area Constituency of the Lagos State House of Assembly election, filed a petition on the 7th day of April, 2023 against the appellant, the 3rd, 4th and 5th respondents respectively, who were the 4th respondent, 5th respondent, 2nd respondent and the 3rd respondent respectively before the trial tribunal on the following grounds:

1. That the 3rd respondent whose election is questioned was, at the time of the election, not qualified to contest the election for Amuwo Odofin II State House of Assembly area of Lagos State.
2. The election was conducted by the 1st respondent in which the 3rd respondent was declared the winner and unduly elected is invalid by reason of non-compliance with the provisions of the Electoral Act, 2022.
3. The 3rd respondent was not duly elected by majority of lawful votes cast at the election.

The appellants then sought the following reliefs against the appellant and the 3rd – 5th respondents to wit:

(a) That it may be determined and doth declared that there was non-compliance with the Electoral Act and the 1st respondents guidelines in the election as officials of the 1st respondent failed to conduct election on the 18th March, 2023 for the State House of Assembly, Amuwo-Odofin II Constituency Area of Lagos State in the following 15 polling units particularized in paragraph 36 above with the total number of 7021 collected PVCs. Amuwo Ward 05 Polling units 017, 018, 065, Ijegun Ward 06 polling units 001, 040, Satellite Ward 07 Polling Units 001, 004, 005, 017, 058, 052, 051, 059 and 028.

(b) That it may be determined and doth declared that a supplementary election be held/conducted between all the qualified and constitutionally sponsored candidates of the political parties to the exclusion of the 2nd, 3rd and 4th respondents in the said 15 Polling Units particularized in paragraph 36 above to wit Amuwo Ward 05 Polling Units 017, 018,065, Ijegun Ward 06 polling units 001, 040, Satellite Ward 07 Polling Units 001, 004, 005, 017, 058, 052, 051, 059 and 028 where there was non-compliance with the Electoral Act and the 1st respondents guidelines in the election of 18th March, 2023 for the state House of Assembly, Amuwo-Odofin II Constituency area of Lagos with the total number of 7021 collected PVCs.

(c) That it may be determined that all the votes recorded for the 3rd respondent in the said election are wasted votes, invalid and void on the ground of the non-qualification of the 3rd respondent to participate in the election to Amuwo Odofin II State House of Assembly Constituency Area of Lagos State at the time of the election was conducted on 18th March, 2023.

(d) That it may be determined that the 1st petitioner having satisfied the requirement of the law with the highest number of lawful votes cast in the election to Amuwo Odofin II State House of Assembly Constituency area of Lagos State be declared the winner of the said election and return elected.

(e) That it may be determined that the 1st respondent issues a certificate of return to the 1st Petitioner as the winner of the election for the members to the State House of Assembly, Amuwo-Odofin II Constituency Area of Lagos held on the 18th March, 2023.

(f) Costs of this petition against the 2nd respondent.

In the alternative and only in the alternative

(a) That it may be determined and doth declared that there was non-compliance with the Electoral Act and the 1st respondents guidelines in the election as officials of the 1st respondent failed to conduct election on the 18th March, 2023 for the State House of Assembly, Amuwo-Odofin II Constituency Area of Lagos State in the following 15 polling Units particularized in paragraph 36 above with the total number of 7021 collected PVCs. Amuwo Ward 05 Polling Units 017, 018,065, Ijegun Ward 06 Polling Units 001, 040, Satellite Ward 07 Polling Units 001, 004, 005, 017, 058, 052, 051, 059 and 028.

(b) That it may be determined and doth declared that supplementary election be held/conducted between all the qualified and constitutionally sponsored candidates of the political parties to the exclusion of the 2nd, 3rd and 4th respondents in the said 15 Polling units particularized in paragraph 36 above to wit Amuwo Ward 05 Polling units 017, 018,065, Ijegun Ward 06 polling units 001, 040, Satellite Ward 07 Polling Units 001, 004, 005, 017, 058, 052, 051, 059 and 028 where there was non-compliance with the Electoral Act and the 1st respondents guidelines in the election of 18th March, 2023 for the state House of Assembly, Amuwo-Odofin II Constituency area of Lagos with the total number of 7021 collected PVCs.

(c) That it may be determined and declared that the votes recorded in 21 units particularized in paragraphs 41 of the petition above with reference to Kirikiri Ward 04 Polling units 014, junction of Okoduwa Street Polling Unit 050, Amuwo Ward 05 polling units 037, 042, 044, 046, 058, 059, 066, 075, 076, 078, 082, 085, 092, 106, Satellite Ward 7 Polling Units 030,044, 068, 057 and 016 where over-voting has been established against the total number of 8, 269 collected PVCs are invalid, be cancelled and supplementary election be directed to be concluded therein to the exclusion of the 2nd, 3rd and 4th respondents.