The Action Congress of Nigeria (ACN) has filed an appeal against the judgment of the Lagos State Local Government Elections Petitions Tribunal that declared the People’s Democratic Party’s candidate, Babajide Obanikoro, valid winner of the last council election in Ikoyi/Obalende Local Council Development Area.
The five-man tribunal led by Justice Dolapo Akinsanya (Rtd) had in its judgment on October 4, 2012, ordered the Lagos State Independent Electoral Commission (INEC) to withdraw the Certificate of Return it issued to the ACN candidate, Mr. Adewale Adeniji, who was initially declared winner of the poll.
However, ACN, through its counsel, Mr. Olayinka Okedara, filed a four-ground notice of appeal dated October 5, 2012, before the state’s Local Government Election Petitions Appeal Tribunal.
The party is seeking the Justice Opeyemi Oke-led tribunal to give an order setting aside the lower tribunal’s judgment and another upholding the declaration of Adeniji as the winner of the October 22, 2011 poll.
The party, among others, contends that the lower tribunal erred in law by striking out its final address.
Okedara insisted that the striking out of ACN’s final address for not being “properly before it” was a development which amounts to “infraction” of the party’s fundamental right to fair hearing.
He also wants the appellate tribunal to upturn the lower tribunal’s judgment on the grounds that it (the lower tribunal) misdirected itself when it held that the uncontroverted evidence of ACN’s witnesses could not be “ascribed probative value.”
