In Lagos State, the All Progressives Congress and the Social Democratic Party have requested permission to appeal the Federal High Court’s decision that the Independent National Electoral Commission should electronically transmit the results of Saturday’s elections for governor and State House of Assembly.
As per the APC, it has considered it fit to pursue the judgment for the situation, in which it was anything but a party, for the reasons that the judgment conveyed likewise influences it as a support in similar races as the SDP.
This comes as a result of a lawsuit brought by the Labour Party and its candidate for governor, Gbadebo Rhodes-Vivour. In that case, Justice P. O. Lifu ruled that INEC must transmit results electronically or digitally.
In the APC’s appeal, LP, Rhodes-Vivour, forty other party chieftains, and INEC are the respondents.
As a result, APC’s attorneys have filed a suit in the appellate court seeking five reliefs to appeal the Federal High Court’s decision:
“An order giving the applicant permission to appeal as an interested party against the Federal High Court’s final decision, delivered by Justice Lifu.”
“An order granting a deviation from the rules of this court by allowing and deeming the separate filing of the Notice of Appeal (in terms of the proposed notice and grounds) at the Registry of the Appeal Court, rather than the Registry of the court below, as properly filed and served.”
“An order of the court granting a departure from this court’s rules governing the filing of Briefs of Argument and setting the appeal for oral argument only hearing.”
In addition, the party is pleading for a constitutional order halting Justice Lifu’s execution of the judgment until the appeal is heard and decided.
SDP, as an interested party, had previously attempted to have the March 8, 2023 judgment reversed, but the court declined, prompting the application for leave to appeal as a non-joinder.
SDP and its three chieftains are the appellants in the lawsuit; Christopher Janet, Olatunji Ganiyu, and Olufemi Olaniyi; and LP (Rhodes-Vivour and 18 others) — the appellants sought four reliefs while the case was pending before the Court of Appeal:
“An order setting aside the decision of the Federal High Court, Lagos, contained in Justice Lifu’s ruling delivered on March 8, 2023, in Suit No: “FHC/L/CS/470/ 2023.”
“An order granting permission to appeal the decision of Justice Lifu of the Federal High Court, Lagos”
“An order dismissing the Originating Summons in Suit No: FHC/L/CS/370/2023 for incompetence and lack of merit.”
The APC pleaded with the Appeal Court to consider the Abuja-based judgment of another Abuja-based High Court, in which the first respondent, LP, was also a respondent.
Based on the verdict in Suit No. : FHC/Stomach muscle/ABJ/CS/1454/2022 among LP and INEC, the electing commission is at freedom to endorse how political race results can or should be sent by uprightness of Segments 50(2) and 70(5) of the Appointive Demonstration 2022.