Lagos Guber Election: Tribunal’s Verdict On Ambode’s Victory Goes To A’Court

While the Peoples Democratic Party and its governorship candidate in Lagos State, Jimi Agbaje, have yet to appeal the dismissal of their petition against the victory of Governor Akinwunmi Ambode, two lawyers have taken it upon themselves to appeal the decision of the Justice Mohammad Sijaro-led panel, which affirmed Ambode’s victory.

The lawyers, Chief Richard Ahonaruogho and Mr. G.O. Giwa-Amu, are, in their separate notices of appeal, seeking re-assignment of the petition by Agbaje and the PDP to another tribunal for fresh hearing.

On July 1, 2015, Sijaro, leading the three-man Lagos Governorship Election Petitions Tribunal, had struck out the petition by the PDP and Agbaje after adjudging that the petition was incompetent and academic.

The tribunal, comprising Sirajo, Justice Gloria Anulude and Justice Ayotunde Rotimi-Balogun, had observed that though the petitioners prayed for an order invalidating and sacking Ambode as Lagos State Governor, they did not, however, pray for the conduct of a fresh election.

Sirajo and his team, who held that an order for fresh election could not be made unless requested, wondered if a state of anarchy would not be created in Lagos State if Ambode was removed and there was no fresh election to fill the position.

“Now, it is trite that a party cannot be granted a relief not sought for. A court or tribunal cannot grant a prayer outside the ones set down in the petition. In Ige vs. Olunloyo (supra) the Supreme Court pointedly maintained that no court has power to grant reliefs and remedies not claimed before it. This is so because the court or tribunal is not a charitable organisation.

“In the instant petition, apart from seeking an order nullifying the election of the second respondent, the petitioner did not ask for an order of fresh election. 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 fresh election, same having not been sought for.

“A petition that is found 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. Where such a prayer is lacking, the petition will be incompetent and academic as even the resolution of such a petition in favour of the petitioner will not confer any utilitarian value on the petitioner(s).

“Where no relief for fresh election is claimed in a petition, a ground of petition founded on section 138(1)(b) of the Electoral Act and the entire petition itself are incompetent and liable to be struck out,” the tribunal held.

However, in the five-ground notice of appeal filed on July 15, 2015 before the Lagos Division of the Court of Appeal, Ahonaruogho, a Lagos-based lawyer, disagreed with the tribunal that the failure of the PDP and Agbaje to pray for fresh election was fatal to their petition.

Punch