By BARTHOLOMEW MADUKWE
LAGOS—The Court of Appeal, Lagos Division, has re-affirmed the election of Speaker of Lagos State House of Assembly, Mr. Adeyemi Ikuforiji, as member representing Ikeja 1 Constituency.

The appellate court, presided over by Justice K.B. Akaahs, dismissed an appeal filed by Peoples’ Democratic Party, PDP, candidate in last April’s election, Olajumoke Sawyer, against the declaration of Ikuforiji as winner of the election by the Independent National Electoral Commission, INEC.

The Appeal Court held that the appellants (Sawyer and PDP) were not diligent in the prosecution of the appeal, and also indulge in undue delay.

In its judgment, the court held that there was undue delay in the prosecution of the appeal while the appellants failed to file their brief of argument within the time provided by the rules guiding election matters.Justice Akaahs said: “The appellant’s application for extension of time was only filed this morning (Wednesday).

There is undue delay in prosecuting the appeal; the appellant’s application for extension of time is hereby refused. I hold that the appellant did not file her brief within time, hence the appeal stands dismissed.”

The court also awarded N25,000 cost in favour of the respondent.

The election petition tribunal presided over by Justice Maurice Eneji had dismissed Sawyer’s petition, asking the tribunal to nullify the election of Ikuforiji in the House of Assembly election held on April 26.

In the petition, Sawyer and PDP had alleged that information deposed to by Ikuforiji in Form C F001, which was submitted to INEC, contained lies, falsehood and deliberate misrepresentations.

But the tribunal upheld Ikuforiji’s preliminary objection, adding that falsification of documents, as alleged by the petitioner was a pre-election matter and, as such fell outside the jurisdiction of the election tribunal.

Justice Eneji further held that matters for determination by election tribunal was for issues based on undue election or undue return as provided under section 133 of the Electoral Act.

He added that all the grounds of the petition were outside the purview of matters that could be attended to by the election tribunal.

The Speaker, through his counsel, Wahab Shittu, had argued that the alleged falsification of documents levelled against his client was a pre-election matter as provided for under Section 31(5) of the Amended Electoral Act 2010.