The Court of Appeal, Lagos Division, on Friday dismissed the appeal filed by the Labour Party (LP) against the emergence of Mrs. Oluremi Tinubu as senator representing Lagos Central Senatorial District.
The National Assembly/ Legislative House Election Petition Tribunal, Lagos had struck out the petition filed by LP following the Supreme Court judgement that all election petitions should be concluded within 180 days.
Also joined in the petition were Tinubu’s political party, the Action Congress of Nigeria and INEC.
Dissatisfied with the verdict, the party had approached the appellate court seeking to upturn it.
Delivering judgement in the appeal, Justices John Inyang and Regina Pemu held that the tribunal had not erred when it struck out the petition.
Inyang , who read the judgement, said that the apex court had made an unambiguous pronouncement that the election petition? tribunal must complete its hearing within 180 days.
“I am rather disgusted that Labour Party will bring this appeal when it is aware of the Supreme Court’s pronouncement,’’ he said
He said that when the petition was struck out, it was already 300 days old and under the Constitution, the petition no longer existed and the appeal court could not go against the supreme court.
According to him, the obligation of the lower court? to obey the higher court was well entrenched in the constitution to avoid judicial anarchy.
“It is very clear and unambiguous that the tribunal must deliver judgement within? 180 days. The apex court has spoken, either sweet or bitter it must be swallowed.
“Granting this appeal is to take us back to the dark years when election petition took years to complete. The appeal is hereby dismissed,’’ he said.
The Justices ordered the LP to pay Tinubu and the ACN? N30,000? each as compensation. (NAN)