The Election Petitions Tribunal sitting in Igbosere, Lagos yesterday,? upheld the election of Hon. Ganiyu Olukolu of the Action Congress of Nigeria (ACN) as a member of the House of Representatives representing Amuwo-Odofin Federal Constituency.??
In its ruling in a petition by a Labour Party (LP) and its candidate in the April 9 poll, Cosmos Okoli, challenging the election of Olukolu, the tribunal chairman, Justice Maurice Eneji, dismissed the petition and held that Olukolu was validly returned by INEC.
The tribunal further held that the petitioners (Okoli and LP) failed to comply with the provision of paragraph 18 (1) of the Electoral Act 2010, which rendered the petition defective.
The tribunal also awarded N50, 000 costs each in favour of Olukolu and the ACN against the petitioners.
Olukolu had filed application asking the tribunal to set aside the pre-hearing notice issued in favour of the petitioners on the grounds that the issuance of the said pre-hearing notice was based on a letter written by the petitioners’ lawyer to the tribunal.
Her added that such a development contravened the provision of the Electoral Act, which stipulated that issuance of pre-hearing notice must be based on a motion to the tribunal and not by a letter of counsel.
Justice Eneji upheld the respondents’ contention, and resolved the issues in favour of Olukolu and the ACN.
The tribunal had earlier dismissed a preliminary objection filed by Olukolu against the petition in which he claimed that the petition was filed on a public holiday, and that Okoli did not participate in the primary election of the LP.
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