Background
This appeal arises from the decision of the National and State House of Assembly Election Petition Tribunal which dismissed a petition challenging the eligibility of Hon. (Mrs.) Adefunmilayo Tejuosho in the election for Mushin Constituency 1 for the Lagos State House of Assembly, held on April 11, 2015. The appellants argue that the party primaries leading to Tejuosho's nomination did not abide by the 21-day statutory notice required by section 85(1) of the Electoral Act, 2010.
Issues
The major issues for determination in this case included:
- Whether the tribunal correctly found that the required notice was given regarding the party primaries.
- Whether the tribunal upheld an erroneous view that the acceptance of the nomination was at the discretion of the 1st respondent.
- If the tribunal misapplied legal principles from the Supreme Court's decision in Dangana v. Usman.
Ratio Decidendi
The Court dismissed the appeal, emphasizing that the statutory calendar required 21 days’ notice and that the nuances of the notices provided by the party were valid under section 85(1) of the Electoral Act. The use of 'shall' in the statute is mandatory, meaning parties must comply strictly with notice requirements.
Court Findings
The court found compelling evidence that:
- The 2nd respondent had provided a proper notification tied to previous communications, thus fulfilling the notice requirement.
- The tribunal did not misapply decisions from previous Supreme Court rulings, as the facts differed from those in Dangana v. Usman.
- The right to accept or reject a nomination rests primarily with the party involved rather than outside complainants.
Conclusion
Ultimately, the appeal was unsuccessful as the Court of Appeal affirmed the tribunal's ruling, confirming the adequacy of notice provision and proper procedural adherence by the parties involved.
Significance
This case underscores the importance of strict compliance with statutory requirements in electoral processes. It helps delineate the responsibilities and rights of political parties regarding internal processes and the implications of judicial interpretations of election-related statutes.