The All Progressives Congress (APC) and Social Democratic Party (SDP) in Lagos have applied for leave to appeal the judgment of a federal high court which ordered INEC to electronically transmit results on Saturday.Governorship and state assembly elections are billed to take place on Saturday.
On March 8, Labour Party (LP) and its governorship candidate, Gbadebo Rhodes-Vivour, secured the judgment directing the electoral commission to transmit results electronically.
Peter Lifu, the presiding judge, also dismissed an application by SDP to be joined in the suit as an interested party. In a fresh application before the court, SDP and three of its chieftains are seeking leave to appeal the judgment.
They want the court of appeal to declare that the lower court was wrong to have refused to hear and determine a preliminary objection they filed along with the joinder application. They also want the court of appeal to declare that the originating summons in the suit lacks merit.
The APC has also applied for leave to appeal the judgment as an interested party. The APC wants the court of appeal to take judicial notice of a judgment of an Abuja federal high court which held that INEC is at liberty to choose its mode of result transmission.
The APC and SDP are both seeking a court order to stay the execution of the March 8 judgment pending the hearing and determination of the appeal.