By Innocent Anaba

LAGOS – The Court of Appeal sitting in Lagos, yesterday, adjourned till November 1, 2011 for judgment in the appeal by Labour Party, challenging the decision of National Assembly/ legislative House Election petition tribunal, Lagos,  which upheld the election of Mrs. Oluremi Tinubu for Lagos Central Senatorial District.

The appellate court adjourned judgment, after listening to arguments by counsel in the suit.

Labour Party’s counsel, Chief Chukwuma Ekomaru SAN, in his argument, contended that the appellant’s petition was dismissed solely because the petitioner’s application for pre-hearing notice came through letter to the Secretary to tribunal and not by a motion.

He contended that the tribunal failed to follow the recent decisions of the Court of Appeal and occasioned a miscarriage of justice.

According to him, there are recent Court of Appeal decisions on the interpretation of paragraph 18(1) of the First Schedule to Electoral Act 2010 (as amended) relating to what form the application for pre-hearing conference should take, adding that recent decisions of the appellate court  were to the effect that it no longer mattered, if the petitioner’s application for pre-hearing notice was done by a motion on notice, ex-parte motion or by a simple letter.

Remi Tinubu’s counsel, Prof Yemi Osibajo, SAN, urged the court to dismiss the appeal, adding that there was no relief before the court seeking nullification of the election.

Osibajo argued that the nullification of the election was a “condition precedent” before an order for a fresh election could be made,” adding that the appellant cannot just ask the court to conduct a fresh election without nullification of the election.