Ex-Reps leader, Akande Adeola loses at tribunal

The election petition tribunal sitting in Ibadan has dismissed the petition filed by the immediate past Majority Leader of the House of Representatives, Mulikat Akande-Adeola against the victory of the Labour Party ( LP) candidate, Segun Ogunwuyi.

Akande-Adeola who was a two-term lawmaker in the lower chamber of the National Assembly for Ogbomoso North, Ogbomoso South and Oriire Federal Constituency under the platform of the Peoples Democratic Party (PDP) lost her reelection bid and subsequently proceeded to the tribunal to challenge the victory of Ogunwuyi in the March 28 polls.

The PDP candidate had premised her petition on the ground that the Ogunwuyi did not validly resign his membership of his former party, the PDP, before joining the LP where he emerged victorious.

Ogunwuyi’s counsel, Oluwasina Ogungbade had urged the tribunal to dismiss Akande-Adeola petition for filing her reply out of time.

Specifically, Ogungbade citing section 16(1) of the first schedule to the Electoral Act 2010 said the reply of the PDP candidate was filed a day outside of the period.

Ogungbade also sought an order setting aside the application of the petitioners dated May 28, 2015 and filed on May 29, 2015 for issuance of pre-hearing conference with the provisions of paragraph 18(1) of the first schedule to the electoral act 2010.

While also calling for the setting aside of the pre-hearing conference notice (form TF 007) dated June 2, 2015, issued by the tribunal and served on both parties, Ogunwuyi’s counsel also prayed the tribunal to dismiss the petition as abandoned for failure of the petitioners to apply for the issuance of pre-hearing conference notice in accordance with the provisions of paragraph 18(1) of the first schedule to the electoral act 2010 as amended.

But Ustaz Usman (SAN) who represented Akande- Adeola had objected to the application and urged the tribunal to consider the merits of the case stead of looking into the technicalities.

But the judges in a unanimous decision read by Justice Abundaga maintained that in an election petition, time is of essence.

They also said as judges, they are bound to interpret what the law is and not the way it should be, adding: “We are also bound by what the Court of Appeal and Supreme Court decisions were in different cases like the one at hand, especially recent court’s decision in Omisore against Ogbeni Rauf Adesoji Aregbesola.”

They therefore dismissed Akande-Adeola’s petition saying it was filed out of time and was therefore deemed abandoned.