- Last Updated on 27 May 2015
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The rumoured bid of Mr. Wasiu Eshinlokun-Sanni to become the Speaker of the Lagos State House of Assembly in the eighth session to begin in June this year has suffered a set back.
A Court of Appeal sitting in Lagos has adjourned further hearing in the suit to determine who is the authentic candidate of the All Progressives Congress (APC) in the 11th April House of Assembly Elections for Lagos Island Constituency 1 between the incumbent Lawmaker-Hon. Hakeem Masha and Eshinlokun-Sanni.
Masha is challenging the ruling of a Federal High Court in Lagos which directed the Independent National Electoral Commission (INEC) to declare Eshilokun-Sanni as the APC candidate in the 11th April 2015 Lagos House of Assembly Election.
Masha had brought an application before the Court of Appeal seeking to amend the Notice of Appeal and obtain an order directing INEC to withdraw the Certificate of Return issued to Eshinlokun-Sanni in contrary to the provision of the Electoral Act.
Masha’s legal team had told the Court that it was wrong for INEC, having been served with the Notice of Appeal against the decision of Justice Ibrahim Buba to now recognise Eshinlokun-Sanni as against Masha whose name remained published on the INEC website as of the date of the election.
The Court of Appeal Panel hearing the suit subsequently adjourned further hearing on the case to Monday 15th June 2015 to enable INEC Counsel, Mr. Francis Lawal respond to the application.
The two APC members have been seeking the interpretation of the Court on who was the legal candidate in the election with a pending appeal filed by Masha at the Court of Appeal, Lagos after a Federal High Court ruling gave the nod to Wasiu Sanni as the APC Flag bearer.
A notice and grounds of appeal filed by Masha’s lawyers, Mr. Bonajo Badejo, a Senior Advocate of Nigeria stated that the learned trial judge, Justice Ibrahim Buba erred by declaring Wasiu Sanni as the lawful candidate as he ignored fundamental issues raised by Masha while adjudicating on the matter.
One of the grounds of appeal noted that the trial judge erred in law when he assumed jurisdiction to hear originating summons when the first respondent failed to explore or exhaust the internal dispute remedy enshrined in the APC constitution before proceeding to Court.
The notice of appeal went further to fault the judge on the issue of waiver as the APC National Working Committee or its National Executive Committee had at no time, granted waiver to Sanni to participate in the primaries because he did not resign from his position within the stipulated time by the Party’s constitution.
