|
Listen now
|
The victory of the Labour Party candidate Okey-Joe Onuakalusi, as a member representing Oshodi/Isolo Constituency II Federal Constituency at the House of Representatives has finally been affirmed by the National Assembly Election Petition Tribunal sitting in Ikeja, Lagos State.
The three-member tribunal headed by Justice Abass Abdullahi held that the Petitioner, Ganiyu Johnson of the All Progressives Congress lacked the legal right to meddle in the conduct of a political party of which he is not a member, nor an aspirant.
The other members of the Tribunal are Justices Okon Okon and Esther Alukwu.
Mr Johnson, who was seeking a second term at the green chamber instituted the petition against the Independent National Electoral Commission, Mr Onuakalusi, and the Labour Party.
INEC had declared Mr. Onuakalusi the winner of the February 25, 2023 election, after he polled the highest votes cast totaling 29,386, followed by Mr. Johnson who polled 16,650 votes.
The petitioner filed his petition on two main issues: that his rival was not a member of the Labour Party at the time of the election, and that he was not sponsored by the party, in line with Sections 134(1)(a) of the Electoral Act (as amended), and Section 65(2)(b) of the Nigerian Constitution (as amended).
He contended that, following the conduct of the primary election of the Labour Party on May 28, 2022, one Augustine Chiagozie Matthew emerged as the winner, and that the Party refused to forward the said Mr Augustine’s name to INEC, as its candidate.
Mr Johnson added that Mr Augustine’s name was not substituted on the grounds of death or withdrawal and that the second respondent’s name is not on the register of members of the 3rd respondent, prior to the primary election, neither was he duly sponsored as a candidate for the 3rd respondent.
According to the petitioner, the 2nd respondent’s personal information put in Form EC9 was not submitted prior to the conduct of the election on February 25, 2023.
But, the respondents had argued that the petition was vexatious and an abuse of the court process, urging the tribunal to dismiss the case.
In its final decision, the tribunal held that the issue of membership of a political party is both a pre-election and post-election matter.
It also noted that the challenge to the Labour Party’s primary election which produced Augustine Chiagozie has been put to rest by the Federal High Court and the Supreme Court, and that same cannot be revived before the Tribunal.