LASU Students Union Election Petition Tribunal Sacks Newly Inaugurated LASUSU President, orders A rerun of Election within Seven working days

Mr Oladele Oluwatayo Olawale -Oladelz has been removed as the Lagos State University Student's Union President and a rerun election was ordered within seven (7) working days.

This decision was made by the LASUSU  Election Petition Tribunal sitting at faculty of law, Lagos State University on the 27th of March, 2019 over the case between Yusuf Nurudeen Alowonle, Nafiu Hamid Olatunde, Wusa Lucky (petitioners) & Lagos State University Students Union Independent Electoral Committee - LASUSU IEC, Oladele Oluwatayo Olawale -Oladelz (respondents) regards the validity of the just concluded LASUSU presidential election 18/19.

In the judgment service on the petitioners through the counsel to the petitioners Mr Abiodun Aristotle Ayodele of Equity Law Firm,  duly signed by the three man tribunal, chaired by Mr Badmus Sherifideen, Mr Aina Warith Ayobami member 1, Mr Musa Habeeb Member II and made available to our reporter, the judgement read that "The Counsel to the petitioners moved application challenging the electoral guidelines, disenfranchisement of the electorate, the breach of electoral regularities pursuant to Section 26(3)(4) of the Electoral Act relying on the case of Baba Bichi V Haladu (2003) 14 NWLR PT 841".

"The learned counsel to the 1st respondent (LASUSU Independent Electoral Committee) vehemently in its contention admits to the irregularities in the election that it was necessitated by unseen factors". The counsel to the 1st respondent further contend that "The 1st and 2nd petitioner really showed act to the disruption of the electoral process which is tantamount to page 10 of the students handbook". He added that "The doctrine of Exturpi Causa Non Oritur Actio" applies that an action should not arise from any illegal based.

The tribunal having considered the issues raised by both counsel and argument canvassed in their respective written addresses held as follows;

"it is of prominent status in our legal jurisprudence that where the petitioner who alleges non compliance with the electoral rules show by cogent and compelling evidence that the non compliance affected the final results of the election such election is to be cancelled relying on the case of Nyemsome Wike V Peterside & ORS sc (2015), 1002; Kingibe V Maina (2004) FWLRT pt 191 PG 1588; Buhari V Obasanjo (2005) 13 NWLR pt. 941 PG. 120".

"Although the 1st and 2nd Petitioners act is not to be tolerated in our democratic environment, whether it is due to provocation or the circumstances of the case. The act is indeed amount to an electoral offense, however it should not serve as an obstacle to the cogent process of election conducted on the 27th day of February 2019".

It is on this basis that the tribunal however find merit in the petition & make the following orders;

I. The 1st respondents, LASUSU-IEC failed to comply with the electoral guidelines stipulated, a clear contravention with the provision of section 26, 62(1)(2) of the electoral act 2010, section 70(3)(b), 93,96,106,110 of the LASUSU constitution.

II. That the 2nd respondent (Oladele Oluwatayo Olawale - Oladelz) is not due to be declared the winner of the concluded election based on the irregularities conform with.

III. An oder holding that the disqualification of the 2nd respondent (Oladelz)  is unconstitutionally.

III. That the presidential election conducted on the 27th of February 2019 is declared null and void for the contravention of the electoral guidelines pursuant to section 70(3)(b), 93,96,106 and 110 of the LASUSU constitution.

IV. An order directing the 1st respondent (LASUSU-IEC) to conduct rerun election to the office of the president LASUSU within seven (7) working days starting from today.

V. With due regards to the whole construction of the LASUSU constitution, an order directing the LASUSU to hear the cost of the election in the advent when the school management is not ready to bear the economic reality of the rerun of the presidential election.

VI. An order directing that the LASUSU-IEC to fine the 1st and 2nd petitioner the sum of N5,000 for unworthy action displayed on the day of the election.

LASU Students Union Election Petition Tribunal Sacks Newly Inaugurated LASUSU President, orders A rerun of Election within Seven working days LASU Students Union Election Petition Tribunal Sacks Newly Inaugurated LASUSU President, orders A rerun of Election within Seven working days Reviewed by Kola Oyewole on March 28, 2019 Rating: 5

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