The Action Congress of Nigeria (ACN) Chairman in Offa Local Government Area of Kwara State, Prince Saheed Popoola, has challenged the nullification of his verdict by the local government election petition tribunal at the Appeal Court.

The tribunal last month nullified the result of the local government by-election conducted in January last year in Offa. It ordered a fresh poll in the council within 120 days.

Dissatisfied, the chairmanship candidate of the Peoples Democratic Party (PDP) in the election, Abdulwaheed S. Olanipekun, approached the tribunal for rectification.

In his appeal, Prince Popoola, through his counsel, H.O. Buhari, prayed the appellate court to set aside the decision of the lower tribunal.

He also urged the court to "dismiss the petition of the petitioners or in the alternative order a retrial of the petition before another local government election tribunal."

The appellants argued that "the tribunal erred in law when it held that; 'in view of the fact that Section 20 of the Electoral Law is inconsistent with Section 30 of the Electoral Act, 2010 (as amended), Section 20 of the electoral law is null and void and we so declare.'"

His words: "The petitioner never made conflict between the Kwara State Electoral Law and the Electoral Act on issue before the tribunal; the parties never joined issues on what constitutes a valid length of notice. The tribunal raised the issue of conflict between the state local government electoral law and the Electoral Act in its judgment.

"The tribunal did not invite counsel to address on it. The tribunal erred in law when it held 'inconsequence, that the rerun election into Offa Local Government held on January 12 last year is invalid, unconstitutional, null and void and the election is accordingly nullified.'

"The tribunal based its judgment on an already repealed law. Section 20 of the Kwara State Local Government Electoral Act, 2004 has since been repealed and amended by the state local government electoral (amendment) law 2010.

"The tribunal erred in law, when it held that; 'the 14 days notice provided by Section 20 of the Electoral law by virtue of which the rerun election of January 12 was conducted is grossly inadequate as against the 90 days provided by the Electoral Act, 2010. The election of January 12 was a by-election and not a fresh election.

"The phrase 'rerun' is unknown to the local government electoral law of Kwara State."