* Sen. Eshinlokun-Sanni The National Assembly and State House of Assembly Election Tribunal sitting in Ikeja has dismissed the petition file...
* Sen. Eshinlokun-Sanni
The National Assembly and State House of Assembly Election Tribunal sitting in Ikeja has dismissed the petition filed by Adewale Gomez and the Peoples Democratic Party ( PDP), against the election of Senator Wasiu Eshinlokun-Sanni as senator for Lagos Central Senatorial District on the ticket of the All Progressives Congress (APC).
Gomez and his party, the PDP, had approached the tribunal seeking to invalidate the election of Senator Eshilokun, on grounds of irregularities in the February 25 Senatorial election.
The 1st to 3rd respondents in the petition are Independent Electoral Commission (INEC) , Senator Eshinlokun-Sanni and the APC.
Delivering judgment in the matter on Monday, the three-man tribunal led by Justice Faruku H. Bunza unanimously upheld the two reliefs sought by Sen. Eshinlokun-Sanni through his Counsel, Wahab Shittu (SAN).
Other members of the tribunal are Justice L.T.C. Eruba and Kadi Mohammad B. Inuwa.
Shittu (SAN), had through a Motion on Notice sought an order of the tribunal dismissing the petition on ground of abandonment.
Shittu submitted that the petition of the petitioner failed to comply with paragraph 18(1) of the First Schedule to the Electoral Act 2022.
He had also asked for further orders as the tribunal may deem fit to make in the circumstances.
The motion on notice was brought pursuant to paragraph 18(1), (3), (4) of First Schedule of Electoral Act 2022.
Shittu submitted for instance that "Paragraph 18(1) of First Schedule of Electoral Act 2022, stipulates that a petitioner shall within seven days after filing and service of the petitioner's reply on the respondent or seven days after the filing and service of the respondent's reply, whichever is the case, the petitioner shall apply for the issuance of pre- hearing notice as in Form TF 007."
Shittu submitted that a violation of the mandatory provision of Paragraph 18(1) robs the tribunal of the jurisdiction to hear the petition of the petitioners at the pre-hearing session.
He argued that the instant petition having ran foul of section 18(1) of the First Schedule of Electoral Act "it is fatal, incompetent and ought to be dismissed."
Shittu in his written address in support of the motion on notice submitted one issue for determination of the tribunal on "whether the tribunal ought not to dismiss the petition in its entirety for non-compliance with paragraph 18 (1) of the First Schedule of the Electoral Act.
He submitted that section 18(1) of First Schedule of Electoral Act 2022 provided for the time within which a petitioner has to apply for the issuance of pre-hearing notice.
He said non-compliance with this provisions hits the petitioner with a fatal blow.
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