The LASUSU High Court, holden at the Faculty of Law, LASU has today (Friday) 5th April, 2019 declared the Election Petition Tribunal, chaired by Mr. Badmus Sherifdeen as being unconstitutionally and illegally composed and constituted. The decision of the court arose from an action, filed at the High Court by *Olawale Oluwatayo (Ola delz)* challenging the actions of the LASUSU SPC and its Speaker at the court, for appointing certain persons to the Tribunal.
Mr Olawale Oluwatayo, through his counsel Cole Olatunde, had approached the court seeking an interpretation of section 56(4) LASUSU Constitution. Counsel to the defendants came to court, without filing any form of defence, to challenge the court’s jurisdiction.
The court, in its wisdom, ruled that it had jurisdiction by virtue of section 52(4) LASUSU Constitution. Since the defendants failed to enter an appearance and file a defence to the substantive matter, counsel for the claimant moved a motion for default judgement in line with Order 8, rule 1 LASUSU High Court rules.
The Court, exercising its discretion entered default judgment in favour of Mr. Olawale Oluwatayo and ruled that the Tribunal is not constituted in compliance with the Constitutional provisions. Section 56(4) stipulates that law students must be in at least, 400 level and must have been in active litigation for 3 academic sessions while non-law students must be at least in 300 level.
The High Court, on the basis of evidence adduced before it found that 2 students from the faculty of law (Badmus Sherifdeen and Aina Warith)are in 300 level and also 2 students from the faculties of Transport and Engineering (ganiu azeez and ojora ibrahim) respectively are in 200 level). The Court, thereby granted the prayer of the Claimant and held that the Election Petition Tribunal is not constitutionally composed and constituted. On this note, the LASUSU election Petition tribunal is not recognised in Law.
*The consequence of this is that the parliament that constituted the petition tribunal acted ultra vires and all the tribunal’s actions has no legal backing and is thus NULL AND VOID ab initio*