The Lagos Division of the Appeal Court has reaffirmed Thaddeus Attah of the Labour Party as the duly elected House of Representatives member representing Eti Osa Federal Constituency. The decision comes as the court sets aside the earlier ruling by the National Assembly Election Petitions Tribunal, which had invalidated Attah’s victory.
The three-member panel of the Appeal Court, in a unanimous decision, criticized the lower tribunal’s reliance on evidence from witnesses who were not party agents, particularly in cases where elections were not held or were canceled. The court held that for the tribunal to conclude on the margin of votes, the list of registered voters must be presented, which was not done.
The appellate court further highlighted that the voters’ register was not placed before the lower tribunal, and it solely relied on Form EC 8 brought by witnesses. It deemed the elections conclusive and contested the tribunal’s directive to the Independent National Electoral Commission (INEC) to conduct a supplementary election within 90 days in specific polling units.
In the initial judgment by the National Assembly Election Petitions Tribunal, the elections were declared inconclusive, and INEC was ordered to conduct a supplementary election within 90 days in 33 polling units where elections did not hold. The petition was filed by the Peoples Democratic Party candidate, Bankole Wellington (Banky W), and the All Progressives Congress’s Ibrahim Obanikoro.
Thaddeus Attah had been declared the winner of the February 25, 2023 election with 24,075 votes, while Banky W and Obanikoro scored 18,668 and 16,901 votes, respectively. Banky W’s petition challenged Attah’s qualification, alleged corrupt practices, and non-compliance with the provisions of the Electoral Act 2022, stating that the Labour Party candidate was not duly elected by a majority of the lawful votes cast. Obanikoro congratulated Attah on the appeal court victory and urged support for effective representation in Eti-Osa for the next four years.
