The Governorship Election Petition Tribunal sitting in Abeokuta, Ogun State, yesterday, struck out the vote-buying allegation levelled against Governor Dapo Abiodun and All Progressives Congress (APC) by Peoples Democratic Party (PDP) and its governorship candidate, Ladi Adebutu.
Adebutu had dragged Abiodun and APC to the tribunal, challenging their declaration as winner of the March 18 governorship election.But the governor’s lawyers, led by Wole Olanipekun, in their defence, made weighty allegations backed up with police report, establishing that Adebutu and PDP engaged in vote-buying during the elections.
On May 22, Adebutu and PDP filed a reply to the defence by Abiodun and APC, also levelling vote-buying allegation against the ruling party.
The governor’s lawyers, represented by Prof. Taiwo Osipitan, however, filed an application asking the tribunal to strike out the reply in its entirety or, in the alternative, strike out offending paragraphs.
Osipitan said that the reply filed by Adebutu and PDP contravenes paragraph 16(1) (A & B) of the Electoral Act and rules of court pleadings.
While ruling on the matter, the Chairman of the tribunal, Justice H.N. Kunaza, agreed with submissions by Osipitan. In the ruling, supported by the other two members, Justices J.B. Egele and Sannusi Shehu, the tribunal overruled Adebutu’s lawyers, led by Goddy Uche, saying that the application filed by the governor’s lawyers was not the kind the Constitution requires to be determined at the end of proceedings in judgment.
Relying on relevant provisions of the Constitution, the tribunal held that only applications that challenge the tribunal’s jurisdiction or competence of a petition would be deferred till judgment, whereas the application filed by Abiodun’s lawyers was not that kind of application.
The Tribunal also held that the reply by Adebutu and PDP was incompetent for multiple reasons. The tribunal identified some paragraphs, which, it said, contained unnecessary and repetitive allegations, arguments and legal conclusions (which are not allowed in replies), as well as other paragraphs, which were improper expansions of the petition earlier filed.
MEANWHILE, Adebutu, through his media aide, Afolabi Orekoya, said the ruling has nothing to do with the competence of their petition, saying, “It only allows fair hearing of the 2nd respondent.”
He said he is very confident that the petition is alive, expressing hope that he would crush the 2nd respondent’s case at the main trial.
“Our people should be calm and be encouraged that we have a good case at the tribunal. Today’s ruling has no bearing on our petition as our grounds for disqualifying Abiodun’s declaration are intact and strong,” Adebutu said.
