TheCable

The Lagos state governorship election tribunal sitting in Ikeja on Wednesday upheld the victory of Akinwunmi Ambode, governor of Lagos state, in the April 11 gubernatorial election.

Jimi Agbaje, candidate of the Peoples Democratic Party (PDP), had filed a petition, challenging the declaration of Ambode by the Independent National Electoral Commission (INEC) as the winner of the election.

Agbaje had alleged irregularities, which according to his petition, breached the provisions of the INEC’s approved guidelines for the poll.

But the panel led by Ibrahim Sirajo, a judge, granted the request of Wole Olanipekun, counsel to Ambode, by dismissing the petition for being incompetent.

“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,” Sirajo ruled.

“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’s lawyer, Clement Onwuenwunor, had argued otherwise but his argument did not stand.

However, the judge granted a request to allow the petitioner inspect the materials used specifically for the governorship election.

Muiz Banire, the legal adviser of the APC, represented his party in court.