By Adenitan Akinola 

The Osun State National Assembly Electoral Petition Tribunal has dismissed the petition filed against the election of Senator Adenigba Fadahunsi of Osun East Senatorial District by the candidate of Action Alliance, AA Motunrayo Adeniji.

The dismissal was consequent upon the failure of the petitioner to attend the pre-hearing session of the cases as mandated by the Law.

Moving an oral application, counsel to the first respondent, the Independent National Electoral Commission, INRC, Mr Yemi Abiona submitted that based on the provisions of Schedule one paragraph 18 sub-paragraph 1 (A), failure of the petitioner to be available for the pre-hearing trial automatically amounted to the dismissal of the petition.

Mr Abiona argued that neither the Petitioners, their representatives nor their counsels were in Court, which indicated that they had abandoned the case. 

Similarly, one of the counsels to the PDP Mr Edmund Biriomoni adopted the submission of the INEC’s counsel and urged the Tribunal to dismiss the petition.

In a short serial ruling on all the cases, Chairman of the Tribunal, Justice Ado Birni-Kudu declared that based on the provisions of the Electoral Act, 2022 as amended the petitions stood dismissed.

Justice Birni-Kudu noted that it was in record that the petitioners were in court the last adjournment when the pre-hearing trial was fixed.

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