
The Lagos Division Court of Appeal wednesday affirmed the verdict of the state Governorship Election Petitions Tribunal which upheld the declaration of Akinwunmi Ambode as the winner of the April 11 governorship election.
The appellate court aligned with the July 1, 2015, decision of the
Justice Muhammad Sijaro-led tribunal which declared as incompetent and
therefore struck out the petition by the first runner-up in the said
election, Jimi Agbaje, candidate of the Peoples Democratic Party (PDP).
The three-man tribunal had in their ruling upheld Ambode’s victory,
ruling that: “In the instant petition, apart from seeking an order
nullifying the election of the second respondent, the petitioner did not
ask for an order for fresh election.
“So, if for instance, the election is nullified, the people of Lagos
State will be left in anarchy as no order can validly be made for the
conduct of fresh election, same having not been sought.
“Where such a prayer is lacking, the petition will be incompetent and
academic as even the resolution of such petition in favour of the
petitioner will not confer any utilitarian value on the petitioner(s).”
Again, at the Court of Appeal yesterday, the five-man appeal panel did
not only dismissed Agbaje’s appeal on the grounds of incompetence but
also ordered him to compensate each of the respondents in the sum of
N50,000 each.
Ambode was returned winner of the April 11, poll by the Independent
National Electoral Commission (INEC) having polled 811,994 votes ahead
of Agbaje who polled 659,788 votes.
While arguing Ambode’s cross-appeal against Agbaje, PDP, the NEC and
the Resident Electoral Commission (REC) before the upper court, Chief
Wole Olanipekun (SAN) submitted that Agbaje and PDP’s petition was
“irredeemably defective” because it raised an issue that had no
relationship with the reliefs they sought.
Olanipekun stated that one of the petitioners claimed there were
“corrupt practices” during the election, which he said differed from
what they pleaded.
Meanwhile, Ambode has described the Court of Appeal decision as a
welcome development and a vindication of the people’s mandate which was
expressly demonstrated on the election day.
In a statement signed by his Chief Press Secretary, Mr. Habib Aruna,
the governor, in his reaction to the Appeal Court ruling, said: “The
decision of the appeal court is a further testimony to the affirmation
of our victory by the tribunal and a vindication of the mandate of the
people as expressed in the April, 11 2015 elections.”
The governor however urged the opposition to sheath their swords, move
the state partisanship and join hands with his administration to move
Lagos to the next level.
“With the appeal court decision, I think it is time for us to put
electioneering matters and its attendant issues behind us. Our victory
at the polls had earlier been adjudged as fair and square, the tribunal
confirmed this and now the appeal court has upheld that decision. Isn’t
it time for our opponents to sheath their swords,” he said.
“I have never for once doubted the outcome of the polls. We had one of
the most gruesome campaigns that took us across the length and breadth
of the state. Our party’s strides over the last 16 years was also a
scorecard that Lagosians voted for. I have consistently maintained my
administration’s desire to work with every Lagosian, no matter the
party,” he said.
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