Tribunal dismisses Amosun’s objection to PDP petition

odeOgun State Governorship Election Petition Tribunal sitting in Isabo, Abeokuta, the Ogun State capital has dismissed applications seeking to strike out the petition filed before it by the Governorship Candidate of the Peoples Democratic Party, (PDP) in the last election, Prince Gboyega Nasiru Isiaka and his party against Governor Ibikunle Amosun’s victory in the last election

The Chairman of the tribunal, Justice Henry Olusiyi while ruling on three applications filed before it by the Independent National Electoral
Commission (INEC), the All Progressives Congress (APC) and Governor Amosun, held that granting prayers contained in the application “would amount to standing justice on its head”.

Issues for determination, according to the ruling, was whether the petitioners’ reply to each of the replies of the respondents was filed within time “And is incompetent and whether in the circumstances, the petitioners could be deemed to have abandoned their petition”.

Justice Henry Olusiji in his ruling stated, “Before I proceed, let me state that it is clear that Prayer 1 of each of the applications of the 1st and 2nd respondents (Amosun and INEC) having been overtaken by events, is no longer relevant and is accordingly struck out”.

The Chairman also determined the other prayer in favour of the petitioners maintaining that the issues raised are technical issues, saying the time of technicalities are gone in law.

The Judge who maintained that the petition could not be deemed abandoned in the circumstances said instead of technicalities, the substances in the petition would be determined.

“It is crystal clear that the petitioner’s reply in answer to each of the 1st and 2nd respondent’s reply and the reply of the 3rd to 128th respondents’ replies is hereby struck out. Issue 1 for determination, as formulated by the tribunal, is resolved in the negative, in favour of the respondents.

“In the circumstances, the petitioner cannot, stricto sensu, be described as ‘sleeping petitioner’. This is not a clear-cut case of abandonment of the petition in the true sense of the meaning of the word ‘abandon’.

“To buy into the arguments of the learned senior (Amosun’s lead counsel) could sell for the 3rd to 128th respondents/ applicant to the effect that the petition should be deemed to have been abandoned by the petitioners, when all the parties, including the 3rd and 128th respondents, have filed all the pre-hearing session processes, which have not been sought to be set aside is to allow technicalities to defeat the end of justice.