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KWSIEC Loses Bid to Stop Election Petition From Tunde Sanni in Ilorin BID by the Kwara State Independent Electoral Commission (KWSIEC) to stop the election petitions filed by the national secretariat of the Peoples Democratic Party (PDP) against the chairmanship positions in eight local government areas in the state has crashed at the Appeal Court, Ilorin Division. The lower election petition tribunal entertaining the PDP suit had last month held that it had jurisdiction to entertain the election petitions. Ruling on an application bordering on jurisdiction brought by KWSIEC, Presiding judge, Justice Banji Orilonise had said "the issue in the petition before us was not who should be the candidate for the petitioner/respondent in the chairmanship election sponsored and presented by that party to the state electoral commission". Dissatisfied with the ruling, counsel to the electoral body, Mahum Gafar had gone to the appellate court, praying that the decision of the tribunal should be set aside while the election petition should be struck out. Lead counsel for PDP, John Baiyeshea fought back with a notice of preliminary objection and argued that the appellate court has no power to entertain the appel court against the decision of the election tribunal. Citing sections 240 and 246 of the 199 Constitution, the counsel submitted that the Constitution only allows the Court of Appeal to entertain appeal from a Court or tribunal created by an Act of the National Assembly. "Kwara State Local Government Election Tribunal was created by Section 97 of the Kwara State Electoral Law No 2, 2004 which is a law of the state House of Assembly and not National Assembly�, the lawyer out. Baiyeshea averred that the appeal was an abuse of judicial process and urged the appellant court to dismiss the application. In the lead judgment delivered by Justice Joseph Ikongbeh, the Appeal court declared that the Kwara Electoral Law cannot vest jurisdiction on the Court of Appeal. "The Court of Appeal derives jurisdiction from the constitution and any other act of the National Assembly". Who Are We ? | About THISDAYOnLine.com | THISDAY People | Contact Us © Copyright 2000 Leaders & Company Limited

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