The National/State Assembly Election Petitions Court in Ikeja, Lagos, confirmed the election of Lanre Okunlola to the Congress of all progressives (APC) as a representative member of the Surulere II federal constituency in the House of Representatives.
The Independent National Electoral Commission (INEC) had declared Okunlola the winner of the general elections on February 25.
Okunlola polled 27,725 votes to defeat Olatunji Shoyinka of the People’s Democratic Party (PDP), who polled 4,875 votes to come in second.
But Shoyinka and the PPD went to court to challenge Okunola’s victory.
However, in its unanimous decision on Monday, the court dismissed the petition filed by Shoyinka and his party.
The court agreed with Okunlola’s lead lawyer, Wahab Shittu, a Senior Counsel for Nigeria (SAN), that Shoyinka’s petition failed and should be dismissed with punitive cost.
The court also awarded costs of 200,000 naira against Mr. Shoyinka and in favor of Mr. Okunlola and the APC.
Mr. Shoyinka and the PPD, the First and Second Petitioners, filed the petition marked EPT/LAG/HR/03/2023 on March 16, joining Mr. Okunlola, the APC, as the First, Second, and Third Respondents. .
The petitioners, through their attorney, CA Abengowe, based their petition on two grounds.
First, they alleged that the election was invalid due to a corrupt, illegal and illicit practice perpetuated by the INEC in collusion with Mr. Okunlola and the APC through the falsification, manipulation and falsification of results.
Secondly, they argued that the election was void due to non-compliance with the provisions of the Electoral Law.
They asked the court for an order annulling the results of the various polling stations won by the APC, alleging that they did not substantially comply with the provisions of the Electoral Law.
They also requested that Mr. Shoyinka be declared the winner of the election.
counterargument
But Mr. Okunlola, through his attorney, Mr. Shittu, filed a preliminary objection dated May 7, seeking an order to quash and/or dismiss the petition for lack of jurisdiction.
It also filed an appeal dated May 9 to annul the petitioners’ response dated and submitted on April 15.
Mr. Shittu argued in the motion that “the petitioners’ response was an attempt to expand the petition, contrary to paragraphs 14 (2) (a) and 16 (1) (a) of the First Annex of the Electoral Law of 2022”.
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Shittu also addressed the tampering allegations. He maintained that the petitioners “during the course of the proceedings, failed to prove the commission of the prosecution beyond a reasonable doubt.” They also did not show that those accusations were committed by the agents of the defendants.
“We urge this court to hold that the petition has failed, is failing, and should be dismissed with punitive cost in favor of the defendants.
“We humbly submit that the court should consider that the petitioners have failed to prove the allegations contained in the petition.
“Accordingly, this court cannot grant the remedies claimed by the petitioners and, therefore, we urge Your Honors to dismiss this petition at substantial cost in favor of the defendants, including the second defendant,” Mr. Shittu added. .
Delivering judgment on Monday, the court upheld Mr. Shittu’s argument and affirmed the choice of Mr. Okunlola as the bona fide legislator representing Surulere II federal constituency.
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