PDP kicks as Ambode floors Agbaje at tribunal

OKUNADE ADEKUNLE

The Peoples Democratic Party (PDP) has criticised the ruling of the Lagos State Governorship Election Petitions Tribunal which struck out its petition yesterday.

The tribunal struck out a petition challenging the victory of the Lagos State governor, Mr. Akinwunmi Ambode, in the April 11 governorship election.

The chairman of the tribunal, Justice Muhammad Sirajo, ruled on the case after Ambode’s lawyer, Wole Olanipekun, requested that the tribunal should strike out the petition for being incompetent, bringing to an end the tribunal sitting that had started in May.

The three-member tribunal, chaired by Justice Muhammad Sirajo, upheld the submission of Ambode and APC that the petition was 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.

“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.”

However, the Lagos chapter of the PDP described the ruling as a miscarriage of justice and a “monumental drawback in the dispensation of justice.”

In a statement issued on Wednesday by its Publicity Secretary, Taofik Gani, the party had decided to appeal the ruling while also considering a report of the “obvious miscarriage of justice by the election petitions panel” to the National Judicial Council for necessary disciplinary actions.

“The Governorship Election Tribunal that sat at Ikeja had today (Wednesday) struck out the petition filed by the PDP and its governorship candidate, Jimi Agbaje. The three-man panel tribunal described the petition as worthless because it did not contain a relief for re-run election.

“It would be recalled that the PDP recently raised its hope in winning the petition based on the recent judgment of an Edo Election Petitions Tribunal which declared a PDP candidate as winner of the election because the All Progressives Congress did not meet up with the provisions of the Electoral Act on notice of conduct of party primary. We are very jolted and embarrassed that our petition can die prematurely without it being heard on the merit. We think there is a miscarriage of justice here.”

The party alleged foul play by the APC in influencing the decision of the panel, arguing that Ambode’s nomination as a governorship candidate is invalid.

“They (APC) must have influenced this step knowing well that Governor Ambode’s nomination is invalid and not qualified to be a valid candidate for the election. They robbed us at the ballots. They want to do same at the tribunal. We will pursue this mandate even with the last drop of our blood,” Gani said.

Meanwhile, the Lagos State governor, Mr. Akinwunmi Ambode, on Wednesday described the confirmation of his victory at the polls as a welcome development which is a reaffirmation of the mandate given to him by the people of Lagos State.

In his reaction, the governor said, “I am elated at the ruling of the tribunal which is an affirmation of my victory at the polls.

“On April 11, 2015, the people of Lagos spoke with their votes about continuity and that is what the tribunal has just reaffirmed.

“The task ahead requires concerted efforts from everyone. I urge all my opponents to put the election struggles behind them and in the spirit of sportsmanship join hands with me to take Lagos to the next level.”