Court defers judgment in appeal against Remi Tinubu's election.

The Labour Party and its candidate challenged the ACN candidate's election into the National Assembly.

The Court of Appeal sitting in Lagos, today deferred delivering judgement in the appeal filed the Labour Party candidate, Oladapo Durosinmi-Etti, challenging the decision of the National Assembly Election Petition Tribunal which upheld the election of Senator Oluremi Tinubu of the Action Congress of Nigeria, ACN.

Tinubu was declared winner of the Lagos Central Senatorial District in the election conducted by the Independent National Electoral Commission, INEC, on April 9, 2011.

The judgement had earlier been fixed for this morning by the lead judge, Justice Helen Ogunwumiju, but it was stood down till later today.

Labour Party and Durosinmi-Etti, in two separate petitions, challenged the election of Tinubu on the grounds of non-appearance of the Lapour Party’s logo on the ballot paper and urged the tribunal to annul the first respondent’s election.

The two parties had earlier made their submissions. Counsel for Labour Party, Chief Chukwuma Ekwurumadu, SAN, had contended in his submission that Durosinmi-Etti’s petition was dismissed by the tribunal because the petitioner’s application for pre-hearing notice was done through a letter to the secretary of the tribunal and not by a motion.

Therefore, the counsel argued, the tribunal failed to follow a recent decision of the Court of Appeal in the interpretation of the Electoral Act to the effect that it does not matter if the petitioner’s application for pre-hearing notice was done by a motion or by a simple letter.

“It is the failure to make request for pre-hearing notice that is vital and not the method of making it,” the Labour Party counsel said.

He then urged the Court of Appeal to order a fresh election.

In his submission, ACN and Oluremi Tinubu’s counsel, Professor Yemi Osibajo, SAN, urged the court to dismiss the appeal, adding that there was no relief before the court seeking the nullification of the election.

Nullification of the election is a condition precedent before an order for fresh election could be made.

On the issue of pre-hearing notice, Osibajo cited the judgement of the Court of Appeal in the case of Seidu Usman Nasamu V. Mallam Abubakar Abubakar, delivered on 23 September, 2011, where it was held that the hearing notice should be by way of motion to the tribunal and not mere letter.