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Tribunal to rule on Ibikunle Amosun’s objection to suit challenging his election

By Charles Coffie Gyamfi, Abeokuta
06 July 2015   |   3:24 am
The Governorship Election Petition Tribunal sitting in Abeokuta, the Ogun State capital will tomorrow deliver ruling on a motion on notice seeking to dismiss the petition filled by the Peoples Democratic Party (PDP) Governorship candidate, Gboyega Nasiru Isiaka in the last election. The motion filled by the third respondent, Independent National Electoral Commission (INEC) and…
Ibikunle Amosun

Ogun State governor, Ibikunle Amosun

The Governorship Election Petition Tribunal sitting in Abeokuta, the Ogun State capital will tomorrow deliver ruling on a motion on notice seeking to dismiss the petition filled by the Peoples Democratic Party (PDP) Governorship candidate, Gboyega Nasiru Isiaka in the last election.

The motion filled by the third respondent, Independent National Electoral Commission (INEC) and 125 others in the petition tagged EPT/GOV/ABK/001/15 was brought pursuant to paragraphs 16 (1), 18 (1), 3 and 4 of the first schedule to the electoral act 2010 (as amended).

The application dated 5th of June 2015 was seeking an order of the court to dismiss Isiaka’s reply to INEC’s original reply to the substantive petition as incompetent.

The application also seeks the order of the Tribunal to deem the original petition as abandoned for failure of the petitioners to apply for issuance of pre-hearing session notice within the time stipulated by the tribunal.

And an order dismissing the petition for failure of the petitioners to apply for issuance of pre-hearing notice within the time prescribed by the rules of the tribunal.

Relying on paragraph 16 (1) of the first schedule to the Electoral Act 2010 (as amended), Counsel to INEC and 125 others, Olusina Sofola (SAN) noted that the petitioner failed to reply to his early affidavit within the 5 days prescription by law.

Sofola also argued that the provision of law mandated the petitioners to apply for pre-hearing notice within 7 days after filling and service of his clients reply.

He further submitted that the tribunal lacks the jurisdiction to further entertain the instant petition as it is deemed abandoned by the petitioners and ought to have been dismissed.

Sofola who sighted the recent case between Sam Adeyemi and Dino Melaye to press his point before the tribunal prayed the Tribunal to grant the application and dismiss the petition.

In his arguement, Counsel to PDP and Isiaka, Adetunji Oyeyipo (SAN) reminded the court that the reply Sofola was referring to was a further counter affidavit and not an affidavit which could only be filed within 7 days.

He maintained that the petition was still within the time for issuance of pre-hearing notice saying the 3rd-125 respondents also did not comply with the provisions of the law in their reply.

Oyeyipo said the applicant also did not comply with paragraph 12 (1) of the first schedule of Electoral Act 2010 (as amended), which, according to him, mandated respondents who wishes to reply to do so within 14 days.

Efforts by Oyeyipo to apply for leave of the Tribunal for regularisation through an oral application was rebuffed by the Chairman of the Tribunal.

Justice Henry Olusiyi who maintained that such would overreach the applicants since the application has been moved and argued.

Notwithstanding, Oyeyipo maitained that the objection by the applicant

Counsel “would not stop Your Lordships from granting your discretion and it is in the interest of justice to allow us to use the further counter affidavit”.

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