Appeal Court upholds Senator Agboola’s election

Posted by admin Legislature, Senate Tuesday, January 24th, 2012

THE Court of Appeal in Ibadan has up- held the election of Senator Hosea Agboola of Oyo North Senatorial District, as the appellate court, on Tuesday, upheld an appeal filed by the senator, asking for the dismissal of a petition filed by Dr Wale Okediran of the Action Congress of Nigeria (ACN).

The court held that the 180 days prescribed for the hearing and determination of petitions by the Electoral Act 2012 (as amended) had expired and consequently, the petition in question had lapsed.

Senator Agboola had filed an appeal against the ruling of the national and state Houses of Assembly election tribunals which dismissed a motion challenging the jurisdiction of the tribunal.

The lead judgment, read by Justice M.M. Saulawa, also nullified the ruling of the tribunal delivered on November 29, 2011, which was solely delivered by Justice T.O.A. Oyekan-Abdullahi on the grounds that the tribunal’s chairman delivered the ruling without the presence of at least one other member of the tribunal.

The appellate court held that the petition also suffered another setback, as the 180 days prescribed by the Electoral Act 2010 (as amended) to hear and determine such petition had expired.

The court, subsequently, resolved the appeal in favour of Senator Agboola, who is the appellant.

-Tribunewp_posts