Appeal Court orders retrial of Ilaka's petition

THE Court of Appeal,Ibadan division, OyoState,has ordered the retrial of a petition filed by a senatorial candidate of the Accord Party (AP), Chief Luqman Ilaka, to challenge the election of Mr Ayo Adeseun of the Action Congress of Nigeria (ACN) by another election petition tribunal.The court, in a ruling delivered by Justice Chidi Uwa, set aside the decision of Justice Frank Nwizu, who struck out Ilaka's petition on the ground that it was filed before a tribunal unknown to the law.Ilaka's appeal was as a result of a ruling of the national and state houses of assembly election petitions tribunal, Ibadan, on the decision of Justice Nwizu, chairman of the tribunal, who sat alone on September 26.In her ruling on Ilaka's appeal, Justice Uwa considered the arguments raised in the various briefs of argument and the oral argument adduced when the appeal was argued and found that the chairman of the tribunal, Justice Nwizu, sat alone on September 21, when he heard and determined the motion.She referred to section 285 (4) of the 1999 Constitution (as amended), which provided that 'the quorum of an election tribunal established under this section shall be the chairman and one other member,' and concluded that this provision made it clear that the quorum of the national and state houses of assembly election tribunal shall consist of the chairman and a member.'This means that as constitutionally provided, the chairman as in this case ought not to have sat alone,' she said.According to Justice Uwa, 'the constitution of a tribunal or improper constitution as in this case, touches on the jurisdiction of the court or tribunal to entertain any matter before it.
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