Wale & Anor V. Hon. Solomon Olamilekan Adeola & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

The general election to the office of member representing the Lagos West Senatorial District in the Senate of the Federal Republic of Nigeria held on 28-3-2015 and on 29-3-2015. The result was declared by the 3rd respondent who conducted the election. The 3rd respondent declared the 1st respondent winner of the election and returned him elected as member of the Senate of the Federal Republic of Nigeria representing the Lagos West Senatorial District.

The Appellants challenged the said result declared by the 3rd respondent by filing an election petition No EPT/LEGH/EPT/L/8/15 in The Lagos State National and State Houses of Assembly Election Tribunal on 17-4-2015, on the grounds that the 1st respondent was, at the time of the election, not qualified to contest the election having not been validly nominated by the 2nd respondent contrary to S. 85(1) of the Electoral Act 2010, as amended, and that the 1st respondent was not duly elected by the majority of lawful and valid votes cast at the said election as stipulated in S.138(1)(c) of the Electoral Act, 2010 as amended.

The petition prayed for-

1) A

1

DECLARATION that the 1st Respondent was, at the time of the election, not qualified to contest the election having not been validly nominated by the 2nd Respondent contrary to Section 85(1) of the Electoral Act 2010 (As Amended).

2) A DECLARATION that the votes credited to the 1st Respondent especially in the Ikeja Local Government Area, Alimosho Local Government Area, Mushin Local Government Area, Ifako-Ijaiye Local Government Area, Agege Local Government Area, and ward “E” in Badagry which fall under the Lagos West Federal Constituency are invalid, null and void for corrupt practices and non-compliance with the Electoral Act 2010 (As Amended) and Independent National Electoral Commission (INEC) Manual for Election Officials 2015.

3) AN ORDER of this Honourable Tribunal deducting all the votes wrongfully added to the votes of the 1st 2nd Respondents by which the 1st Respondent was wrongfully declared the winner of the said election.

4) A DECLARATION that the 1st Respondent was not duly and lawfully elected by the majority of lawful votes cast in respect of the Election for Lagos West Senatorial District, Lagos State held March 28, 2015 in Ikeja Local

2 Government Area, Alimosho Local Government Area, Mushin Local Government Area, Ifako-Ijaiye Local Government Area, Agege Local Government Area and ward “E” in Badagry which fall under the Lagos west Federal Constituency.

5) A DECLARATION that the petitioners, having scored the highest number of valid votes in election for Lagos West Senatorial District, Lagos State held March 28, 2015 in Ikeja Local Government Area, Alimosho Local Government Area, Mushin Local Government Area, Ifako-Ijaiye Local Government Area, Agege Local Government Area and ward “E” in Badagry on the recomputed and actual votes cast is, and hereby declared winner of the election and returned elected.

6) AN ORDER directing the 3rd Respondent to forthwith issue a certificate of return to the 1st petitioner as the winner of the election for Lagos West Senatorial District, Lagos State held March 28, 2015.

The Respondents filed their respective replies to the petition. The petitioners filed their reply to the 3rd respondent’s reply. The said petitioners’ reply was subsequently amended with leave of the Tribunal.