The Lagos State Election Petitions Tribunal on Monday dismissed the petitions filed by the governorship candidate of the Alliance for Democracy, Owolabi Salis, and his Labour Party counterpart, Ifagbemi Awamaridi, challenging the victory of the Lagos State Governor, Babajide Sanwo-Olu, at the last election.
In a ruling, the Chairman of the tribunal, Justice T. T. Asua, dismissed the petitions due to the inability of the petitioners to file applications for pre-hearing conference after the close of pleadings within seven days as prescribed by the law.
The three-man panel noted that the timely application for pre-hearing conference was a condition for the hearing of the petitions and without the application for pre-hearing conferences, the petitions could not commence or get to the stage of judgment.
According to the panel, Section 285(4) of the Fourth Alteration to the 1999 Constitution is inapplicable because the timely application for pre-hearing conferences is a precondition in election petitions matters.
Sanwo-Olu’s counsel, Abiodun Owonikoko (SAN), had on May 22 filed a motion raising an objection based on Paragraph 18(1)(4) of the Electoral Act.
He noted that the AD and the LP had not filed applications hearing for the pre-trial conference within seven days after the close of pleadings.
However, while dismissing the petitions, Justice Asua noted that the inability to serve any of the respondents was not an excuse and that the consequence of failure to apply timely for pre-hearing conference was the dismissal of such a petition.
The petitioners had alleged that Sanwo-Olu had a criminal record in the US, adding that he lacked the soundness of mind to govern a state and should be disqualified from being sworn in as governor.
They alleged that he had records of unsound mind and rehabilitation with the Gbagada General Hospital, Lagos State and as such should not be sworn in as a governor.
Both candidates sought the order of the court restraining the Chief Judge of Lagos from swearing in Sanwo-Olu.
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