Tribunal strikes out Agbaje’s petition against Ambode, APC

The Lagos State Governorship Election
Petition Tribunal sitting in Ikeja on
Wednesday struck out the petition filed by
Mr Jimi Agbaje of PDP against Gov.
Akinwunmi Ambode of Lagos State and All
Progressives Congress (APC).
The three-member tribunal, chaired by
Justice Muhammad Sirajo, upheld the
submission of Ambode and APC that the
petition was incompetent.
Sirajo said: "In the instant petition, apart
from an order nullifying the election of the
second respondent, the petitioners did not
ask for an order of fresh election.
"Where such a prayer is lacking, the petition
will be incompetent and academic as even
the resolution of such a petition will be
incompetent and academic.
"Even the resolution of such a petition in
favour of the petitioner will not confer any
utilitarian value on the petitioner.
"Where no relief for fresh election is
claimed in a petition, a ground founded on
Section 138(1)(b) of the Electoral Act and
the entire petition itself are incompetent
and liable to be struck out.
"So, if for instance, the election is nullified,
the people of Lagos State would be left in
an anarchic situation as no order can
validly be made for the conduct of a fresh
election, same having been sought for.
"A petition that is founded on
disqualification of a respondent and an
order of nullification of the election must,
of necessity, contain a prayer for an order
of fresh election. "it is for this reason that
the grounds of the petition that survived up
till this point can no longer be
countenanced.
"In the circumstance, paragraph 13(b) and
19(8) of the petition and reliefs 19(5) and
19(8) are hereby struck out in view of the
want of the reliefs seeking the conduct of
fresh election." Agbaje had petitioned the
tribunal challenging the outcome of the
April 11 governorship election in the state
which Ambode won.
Agbaje alleged some irregularities in the
election which breached the provisions of
INEC guidelines for the polls.
The other respondents in the suit were
INEC and Lagos State resident electoral
commissioner.
Ambode's counsel, Chief Wole Olanipekun
(SAN), had argued that the petition should
be struck out for being incompetent.
"There is no correlation between the reliefs
being sought and the particulars on one
hand and the grounds for questioning the
election on the other hand. "The grounds
and particulars in the petition are at
opposites with the facts and reliefs being
sought within the purview of Section 285(2)
of the 1999 Constitution.
"I urge my lordships to dismiss the
petition," Olanipekun said.
He said the petitioners neither attacked the
victory of the respondents nor question the
conduct of the election and as such "there
is no petition before your lordships known
to law.''
Counsel to Agbaje, Mr Clement
Onwuenwunor, had maintained that the
petition was competent and the issues for
determination by the tribunal carefully
spelt out. "Paragraph 13(a) and (b) of our
petition questioned the election in Lagos
State on the grounds of non-compliance
with the Electoral Act and irregularities,
such as in the use of the card readers.
"We have looked at their preliminary
objections in this case and have concluded
that they are objections made on mere
technicalities," he said.

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