2011 polls: Court dismisses Sawyer's appeal against Ikuforiji

The Court of Appeal,Lagos Division,has dismissed the appeal filed by Olajumoke Sawyer of the Peoples Democratic Party (PDP) against the election of the Speaker of the Lagos State House of Assembly, Mr Adeyemi Ikuforiji, over undue delay in prosecuting the appeal.In a ruling delivered by Justice K. B Akaahs, the court said that there was undue delay in the prosecution of the appeal and that the appellant failed to file her brief of argument within the time provided by the rules guiding election matters.The court faulted the argument of the appellant's counsel, Deji Fasusi, that the lateness was due to poor health of the counsel handling the appeal, while other lawyers in the chambers were engaged in other matters.According to Justice Akaahs, 'the appellant's application for extension of time was only filed this morning (Wednesday). There is undue delay in prosecuting the appeal; the appellant's application for extension of time is hereby refused. I hold that the appellant did not file her brief within time, hence the appeal stands dismissed.'The cost of N25,000 was also awarded by the court in favour of the respondent.It will be recalled that the National Assembly/ Legislative House Election Petition Tribunal sitting in Lagos had, sometime this year, dismissed Sawyer's petition, asking the tribunal to nullify the election of Ikuforiji in the House of Assembly election held on April 26, 2011.In her petition, Sawyer and the PDP had alleged that information deposed to by Ikuforiji in Form C F001 contained lies, falsehood and deliberate misrepresentations.However, the tribunal, in its ruling delivered by Justice Maurice Eneji, upheld Ikuforiji's preliminary objection, adding that falsification of documents as alleged by the petitioner was a pre-election matter, and as such, fell outside the jurisdiction of the election tribunal.
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