Surulere Reps seat: Tribunal affirms APC’s Okunlola’s victory

… Awards costs against PDP

The National/State Assembly Election Tribunal sitting in Ikeja, Lagos Monday upheld the election of Lanre Okunlola of the All Progressives Congress (APC) as the member representing Surulere Federal Constituency II in the House of Representatives following the February 25 general election.
The tribunal, in a unanimous decision, dismissed the petition filed by the Peoples Democratic Party (PDP)’s Olatunji Abiola Shoyinka challenging Okunlola’s victory.
It agreed with Okunlola’s counsel, Mr. Wahab Shittu (SAN), that Shoyinka’s petition failed and ought to be dismissed.
The tribunal granted the senior lawyer’s prayer and awarded a punitive cost of N200,000 against Shoyinka, and in favour of Okunlola and the APC.
Shoyinka and the PDP are 1st and 2nd petitioners in the petition marked EPT/LAG/HR/03/2023.
Okunlola, the APC and the Independent National Electoral Commission (INEC) are the 1st, 2nd and 3rd Respondents.
The petitioners, through their counsel C. A. Abengowe, had by a March 16 petition challenged Okunlola’s victory on two grounds.
Firstly, they alleged that the election was invalid because of corrupt, illegal and wrongful practice perpetuated by INEC in connivance with Okunlola and the APC through falsification, manipulation, and forgery of results done by the 3rd Respondent (INEC).
Secondly, they argued that the election was invalid because of non-compliance with the provisions of the Electoral Act.
They prayed the tribunal for an order setting aside the results of the several polling units won by the APC, alleging that same were not returned in substantial compliance with the provisions of the Electoral Act.
They also sought a declaration that Shoyinka be declared the winner of the election.
But Okunlola filed a Preliminary Objection dated May 7, 2023, for an order striking out and/or dismissing the petition for being incompetent.
He also filed a Motion dated May 9, for an order striking out the Petitioner’s Reply dated and filed on April 15.
Shittu canvassed two grounds for the Preliminary Objection. They are that the petitioners’ petition did not contain any valid ground to sustain itself under Section 134 of the Electoral Act.
The lawyer premised the May 9 motion “on the fact that the Petitioners’ reply was an attempt to enlarge the petition, contrary to paragraphs 14 (2)(a) and 16(1)(a) of the First Schedule to the Electoral Act 2022.”
In reply, the tribunal reserved ruling on both applications till the date of judgment.
Shittu further argued during proceedings that Paragraph 16(1(a) prohibited the Petitioners from enlarging or amending their petition by the use of their reply.
“We urge this tribunal to pronounce on the two applications and resolve all issues raised in the two applications in favour of the 1st Respondent,” Shittu said.
Shittu also addressed the allegations of manipulation. He argued that the petitioners “in the course of proceedings, failed to prove the commission of the allegation beyond reasonable doubt.
“They also failed to show that those allegations were committed by the agents of the respondents.
“We urge this tribunal to hold that the petition has failed, it fails, and ought to be dismissed with punitive cost in favour of the Respondents.
“We humbly submit that the tribunal should hold that the petitioners have failed to prove the allegations contained in the petition.
“Consequently the reliefs claimed by the petitioners are not grantable by this tribunal and we therefore urge your Lordships to dismiss this petition with substantial cost in favour of the Respondents inclusive of the 2nd Respondent.”
Delivering its decision on Monday, the tribunal upheld Shittu’s argument and affirmed Okunlola’s election as the lawmaker representing Surulere Federal Constituency II
Okunlola emerged winner at the polls with 27,725 votes while Shoyinka came second with 4,875 votes.