By FAITH OMORUYI
The Action Congress of Nigeria (ACN) in Lagos and its candidate for the Ikoyi/Obalende Local Council Development Area (LCDA) Chairmanship, Adewale Adeniji has appealed against a judgment of the Local Government Election Petition Tribunal sitting in Ikeja Magistrate Court, Lagos.
Justices D. Akinsanya, P. Ojo, Demi Ajayi Etti and Dave Ajetunmobi delivered the judgment on October 4 in favour of Peoples Democratic Party (PDP) candidate in the local government, Babajide Obanikoro. Joined as respondents in the appeal are Obanikoro, PDP, Lagos State Independent Electoral Commission (LASIEC) and 160 others. The appellants were seeking an order allowing the appeal and setting aside the judgment of the tribunal. They also want an order declaring them as the winners of the election of October 22, 2011 conducted by LASIEC.
They were asking that alternatively order be made for a re-trial of the petition for having occasioned by a miscarriage of justice and an order that the petition be heard and determined by another panel. ACN and its candidate were also praying for an order setting aside the order of the lower tribunal. In the appeal, which was predicated on four grounds, the appellants insisted that the judgment of the tribunal was against the weight of evidence adduced at the hearing of the petition.
The party also held that the lower tribunal erred in law on the ground that it held that the ward collation results tendered by respondents could not ascribed any value and there was no credible evidence before the tribunal to relate them to. It also stated that the tribunal misdirected itself when it held that the second respondent’s final address at the lower tribunal and reply were not properly filed before it and struck them out