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LG Poll: Tribunal Strikes Out Application Kwara From Tunde Sanni in Ilorin Local Government Election Petition Tribunal in Kwara state yesterday dismissed an application for a stay of proceedings brought by the State Independent Electoral Commi-ssion (KWSIEC) in the election petition filed by the national secretariat of the Peoples Democratic Party (PDP). The PDP national leadership has instituted the election petition to protest the disqualification of its eight council chairmen by the electoral commission for the March 27 polls. In a unianimous ruling delivered by Justice Abiodun Adebara, the tribunal held that the application was incongruous and incompetent, describing the argument of Mahmud Gaffar, counsel to the electoral commission on the sanctity of the application against the backdrop of certain provisions of the amended electoral act as self defeatist. Adebara pointed out that since the application was filed after an appeal court judgement throwing out KWSIEC case on jurisdiction, the application amounted to building something on nothing. "A judgement declared null and void has no legal effect as it loses its binding and persuasive effect. It cannot form the basis of a new action," he said. The tribunal upheld the argument of John Baiyeshea, counsel to PDP that there is no live appeal as of July 19 when the amended electoral law was invoked, stating that it is settled in law that before a judge takes the question if an appeal is frivolous, he must be satisfied with the validity of the appeal and as well consider the validity of the competence of the stay of proceedings. Citing Buhari Vs. Obasanjo and others, Awure Vs Odili and others in cases determined by higher courts, the tribunal agreed that an interlocutory injunction of a pending election petition is appellable. The tribunal however settled that the whole statute as in law must be read to get the meaning and the intendment of the enactment and not reading a part in isolation. The application, the tribunal upheld, was aimed at delaying the cause of justice, which is inconsistent with section 105 of the Electoral Law, maintaining. Who Are We ? | About THISDAYOnLine.com | THISDAY People | Contact Us © Copyright 2000 Leaders & Company Limited

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