(http://www.thenationonlineng.net/2011/thumbnail.php?file=REMI_234500385.jpg&size=article_medium) Senator Tinubu The Court of Appeal, Lagos Division, on Friday dismissed an appeal filed by the Labour Party against the election of Senator Oluremi Tinubu.
It held that the appeal lacked merit and awarded N30, 000 cost against the party.
The court also dismissed an appeal filed by LP’s candidate for Surulere II Federal Constituency, Prince Sunday Aderonmu, saying it lacked merit.
Senator Tinubu, of the Action Congress of Nigeria, represents the Lagos Central Senatorial District in the upper legislative chamber of the National Assembly.
LP had challenged the decision of the National Assembly/ legislative House Election Petitions Tribunal, Lagos, to strike out its petition because 180 days had lapsed.
The tribunal had said it lacked jurisdiction to entertain the “unlawful exclusion” petition after the Supreme Court held in a judgment on the case involving the All Nigeria Peoples Party (ANPP) vs. Alhaji Muhammed Goni and others that petitions must be concluded within 180 days.
Dismissing LP’s appeal, Justice John Inyang said he was shocked that the party would challenge the tribunal’s decision which was based on an “unambiguous pronouncement” of the Supreme Court.
“It will mean taking us back to the dark years when election petitions took years to complete.
“It is in the interest of Nigerians and the judiciary to allow the sleeping dog to lie quietly,” the justice said.
Justice Inyang said the principle of stare decisis (legal obligation to respect legal precedent) was well entrenched to avoid judicial anarchy.
He said the Supreme Court judgment based on section 285 of the Constitution was very clear that a tribunal should deliver judgment in writing within 180 days from the day a petition was filed.
TheNation