Tribunal to take decision on Ambode’s objection against Agbaje’s  petition

By Paul Dada

The Lagos State Governorship Election Tribunal sitting in Ikeja has fixed Friday(today) to take a decision to take a decision on whether or not to hear the preliminary objection filed by Governor Akinwunmi Ambode against the petition filed by Peoples Democratic Party, PDP candidate, Jimi Agbaje in the April 28 election.

Agbaje is contesting the declaration of Akinwunmi Ambode by the Independent National Electoral Commission, INEC as the winner of the election.

The tribunal headed by Justice Mohammed Ibrahim Sirajo first proposed that all preliminary objections should be taken along with the petition.
The judge however made the issue open and asked parties is the matter to make their submissions.

Counsel to Jimi Agbaje, Clement Onwuenwunor agreed with the proposal of the court as he said that the proposal was a  representation of the position of the law contained in paragraph 12 of the Electoral Act, 2012 as amended.

Onwuenwunor stated that the Supreme Court decision in Belgore and Ahmed sanctioned the proposal suggested by members of the tribunal.

He argued that if the preliminary objections were taken and it later resulted in an appeal which would take months, the right of his client to present his case would be infringed on.  Onwuenwunor urged the court to keep to its proposal.

But counsel to Akinwunmi, Wole Olanipekun, (SAN), opposed the proposal as he argued that paragraphs 18 and 47 (1) of the electoral act specified that objections shall be taken before the hearing of the petition.

Olanipekun maintained that the paragraph 47 of the Electoral Act particularly did not allow for any motion to be heard without first taking any preliminary objection except in extreme circumstances.

He said that the petitioner had not presented any extreme circumstance before the court to warrant the non- hearing of the preliminary objection before the substantive motion.

Olanipekun  insisted that the tribunal did not have any discretion to change the election petition hearing procedure as the Electoral Act leaves no room for manoeuvring.

He maintained that the preliminary objection which his client raised had to do with the competence of the petitioner to file the suit. He argued that it should be taken before hearing the actual petition.

Counsel to the All Progressives Congress, APC, Dr Muiz Banire similarly opposed the tribunal’s proposal as he said that the procedure would automatically terminate all preliminary objections in the matter.

He argued that the position of the law is that whenever an objection is brought through a motion, such objection must be heard immediately.