By INNOCENT ANABA
LAGOS— Senator Oluremi Tinubu of the Action Congress of Nigeria, ACN, yesterday, lost her bid to have the Court of Appeal sitting in Lagos dismiss the appeal by Labour Party, LP, challenging the judgment of the lower election tribunal which upheld her election for the Lagos Central Senatorial District.

LP had through its counsel prayed the court to set aside the ruling of the tribunal which sat at Igbosere, Lagos.

At the hearing in the appeal, yesterday, Tinubu’s counsel, Mr Olabode Olanipekun, prayed the court to strike out the motion by LP seeking for extension of time to file its brief and compile record of appeal.

Olanipekun argued that the appellant was already out of time, while no explanation had been given to justify granting an extension of time.

LP’s counsel, Chief Chukwuma, SAN, who prayed the court not to dismiss the application in the interest of justice, argued that it was not the position of the Supreme Court and the Court of Appeal to punish applicant based on the sin of counsel.

He said the public holidays and Sundays were not to be counted as part of the time within which the appellant must file its brief.

Justice Helen Ogunwumiju, in her ruling, said although the appellant was out of time in filing its brief, it was the duty of the court to do substantial justice to all election petitions.

The court observed that the 60 days allowed by the Electoral Act to hear appeal arising from the tribunal had not lapsed hence the appellant should not be denied the opportunity to regularise its brief.