CORAM

PARTIES

1. IBRAHIM OLUMIDE AJIGA2. PEOPLES DEMOCRATIC PARTY APPELLANTS

RESPONDENTS

AREA(S) OF LAW

NIL

SUMMARY OF FACTS

The Petitioners filed a petition at the National and States Houses of Assembly Election Petition Tribunal (Panel) Lagos against the Respondents claiming a declaration that the 1st Respondent being the candidate of the 2nd Respondent  whose name was not on the ballot paper and did not participate in the said election as the notice of the party primaries which produced the 1st Respondent as a candidate of the 2nd Respondent fell short of the period of at least 21 days required by section 85(1) of the Electoral Act, 2010 as amended, an order nullifying the declaration and return of the 1st Respondent as winner in the election conducted by the 3rd Respondent for the Lagos Mainland II Constituency of Lagos State House of Assembly, a declaration that the Petitioners having scored the highest number of lawful votes cast in the election be declared the winner and duly returned and an order directing the 3rd Respondent to withdraw the certificate issued to the Respondent in the election and to issue the 1st Petitioner with the certificate of return as winner of the said election.  At the close of the trial, the Tribunal dismissed the petition and reaffirmed the declaration and return of the 1st Respondent as the winner of the election. The Petitioners being dissatisfied with the decision of the tribunal have appealed to the Court of Appeal.

HELD

Appeal Dismissed

ISSUES

– Whether the trial Tribunal was right in its conclusion that the purpose of the notice require under Section 85(1) of the electoral act 2010 (as amended) is to enable INEC attend and monitor the primaries of political parties in order to perform its functions under Section 86(1) of the act. (Grounds 1, 4, 7 and 9 of the Notice of Appeal.)- Whether in view of the 2nd Respondents’ letters to the 3rd Respondent dated 19/9/2014 (Exhibit Rl), 5/11/2014 (Exhibit R2) and 18/11/2014 (Exhibit P4), the tribunal was right to have held that the 2nd Respondent compiled with the provision of section 85(1) of the Electoral Act, 2010 (as amended) in the conduct of its primary elections which led to the emergence of the 1st Respondent as its candidate for the LAGOS MAINLAND 11 Constituency Seat in the House of Assembly Election held on 11th April 2015. (Grounds 2, 3, 5, 8 and 10 of the Notice of Appeal)

RATIONES DECIDENDI

CASES CITED

.

STATUTES REFERRED TO

NIL

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