Politics

Ogun APC Hails Abiodun’s Victory at Tribunal

By Web News 463

By Olusegun Folarin

The All Progressives Congress, APC, in Ogun State has described the victory of Governor Dapo Abiodun, at the tribunal as a divine mandate.

Ogun State APC chairman, Chief Yemi Sanusi in a statement through the Publicity Secretary of the party, Mr Tunde Oladunnoye congratulated Governor Abiodun on the victorious judgment delivered by the Ogun State Election Petition Tribunal on Saturday.

Chief Sanusi said the victory at the polls was as a result of the hard work through rigorous campaign across the 20 local government areas of the state, inauguration of various projects as well as the trust the people had in the present administration.

He also commended the governor for assembling the best brains in election tribunal warfare in Nigeria today.

The three-man tribunal, sitting in Abeokuta, chaired by Justice Hamidu Kunaza, had dismissed the petition filed by the PDP and its candidate, Ladi Adebutu, on the grounds of incompetence, vagueness and lack of understanding of the usage of the wordings of the Electoral Act, among others; resulting in inability of the petitioners to prove any of the grounds of the petition.

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Politics

Tribunal Dismisses Petitions against State, NAS Elections

By Web News 371

By Adenitan Akinola 

The Osun State National Assembly and State House Assembly Electoral Petition Tribunal have dismissed five of the petitions filed against the February 25th Senate and House of Representatives Elections in Osun State.

The five cases include that of the Action Alliance again Senator-elect Duro Fabiyi of the Peoples Democratic Party, PDP, in Osun Central and AA against House of Representatives member-elect, Mr Bamidele Salam of the PDP in Ede North, South, Egbedore and Ejigbo Federal Constituency among others.

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

Moving an oral application, counsel to the PDP, Mr Oyewole Jimi-Bada submitted that based on the provisions of Schedule one paragraph 18 sub-paragraph 1 (A), failure of the petitioners to be available for the pre-hearing trial would automatically amount to the dismissal of the petition.

Counsel to the first respondent, the Independent National Electoral Commission, INEC, Mr Bukola Durojaye 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 Kolapo Alimi applied for an order of the Tribunal to compel the Petitioners to pay a cost of one million naira to the respondents.

In a short serial ruling on all the cases, Chairman of the Tribunal, Justice V. O Eboreime declared that based on the provisions of the Electoral Act, 2022 as amended the petitions stood dismissed.

Justice Eboreime however refused the application for the award of cost and directed parties to bear their cost.

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Politics

Osun State Election Petition Tribunal Orders INEC to Provide Governor-elect Certificates

By Web News 511

Osun State Election Petition Tribunal has ordered the National Chairman of the Independent National Electoral Commission, INEC, to produce the Certificates and other documents of the state Governor-elect, Senator Ademola Adeleke used in the 2018 governorship election.

The order followed the failure of the state Resident Electoral Commissioner, REC, of the commission to produce the certificates in the previous sitting in compliance with the Subpoena issued by the commission. 

Governor Adegboyega Oyetola is challenging the declaration of Adeleke as Governor-elect by the INEC.

At its resumed sitting today, the tribunal ruled that the mere appearance of the representative of REC has not answered the Subpoena on the commission to produce the documents.

In the ruling, Justice Tertsea Kume said an application for Subpoena was in Administrative Act and when it was granted, it became Judicial Act and the party upon which the Subpoena was issued must comply, citing Sections 218 and 219 of the evidence act.

It ruled: “An order of the court is bound to be complied with by the party upon which it was made until it is set aside by the court. In the instant case, the order has not been complied with.”

The tribunal further held that the request by the respondents that the petitioners should continue with the calling of the witness whose testimony is hanged on Adeleke’s credentials was baseless, as the petitioners have the absolute prerogative on how to conduct their case.

The panel said the application was consequent to the failures of the state REC of the commission to produce the documents requested in the Subpoena.

According to the ruling, the Petitioners’ have shown sufficient reasons for the tribunal to compel the National Chairman of INEC to produce the documents in question.

It then dismissed all the objections raised by the counsel for INEC, Adeleke and PDP and compelled the National Chairman of the commission to produce the documents in the next sitting of the panel on Thursday, December 1.

Counsel for the Petitioners, Chief Akin Olujinmi, SAN, described the ruling as a well-researched one, saying it would go a long way in serving the course of justice in the hearing of the petition.

Addressing journalists shortly after the proceedings, Chief Olujinmi, said the court has done the right thing for reordering INEC to produce the requested documents containing Senator Adeleke’s certificates.

Counsel for INEC, Professor Paul Ananaba, SAN also conceded that they were ready now to follow the order of the court by producing the requested documents.

Adenitan Akinola

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Politics

Election Tribunal Adjourns Oyetola’s Petition

By Web News 511

Osun State Election Petition Tribunal sitting on the petition of Governor Gboyega Oyetola against the declaration of Ademola Adeleke as the Governor-Elect has adjourned to Tuesday, October 4 for the proper commencement of pre-hearing.

The adjournment followed the decision of the tribunal to grant INEC, PDP and Adeleke 7-days to respond to the pre-hearing form served on them by the tribunal.

At the sitting of the tribunal, counsel to the All Progressives Congress (APC), Professor Kayode Olatoke (SAN) informed the court of his readiness to continue with the pre-hearing session, having filed his form TF008, where issues for determination were raised. 

At the request of the tribunal for advice, Olatoke suggested that the matter should be stood down for a few hours for the respondents to also respond to the tribunal pre-hearing form. 

Counsel to the INEC, Ben Ananaba (SAN) said the pre-hearing could not go on because he was just served with the pre-hearing form that morning, saying statutorily, they had seven days to respond.

Counsel to Adeleke, Bamidele Abolarin and counsel representing PDP, Nathaniel Oke (SAN) also requested the tribunal to give them the required seven days to respond.

In his ruling, the Chairman of the tribunal, Justice Tertsea Kume adjourned the matter till Tuesday, October 4 for the commencement of the hearing properly.

Addressing journalists after the sitting, Professor Olagoke said the adjournment was not out of place, but the tribunal had the power to abridge the days required for any of the parties to respond.

“We were supposed to commence the Pre-hearing session this morning but unfortunately the respondents said they were served with the pre-hearing notice this morning. 

“Form TF007 will inform the parties, while TF008 is the one they are going to respond to. But they said they served them this morning and for that, they have to respond; but election petition being too sui generis and time-sensitive that is why we were suggesting we can take a stand down for them to fill the forms so that we come back for pre-hearing in the afternoon but since they insisted on having their right.

“But in order to be fair to them, that was why the tribunal adjourned till next week for them to take their time, fill the form and come back for pre-hearing session.”

Adenitan Akinola

Judiciary

Tribunal Orders Substituted Service of Notice to Osun Gov-Elect

By Web News 416

The Osun State governorship Election Petition Tribunal sitting at the High court of Justice, Osogbo has granted a motion exparte brought before it by Governor Adegboyega Oyetola and the All Progressives Congress, APC, seeking an order for substituted service on the winner of the July 16th election and the candidate of the PDP, Senator Ademola Adeleke.

Counsel to Governor Oyetola and the All Progressives Congress, APC, Mr Yomi Aliyu (SAN) pointed out that Adeleke had been evading service of the petition by a bailiff.

According to the petitioners’ lawyer, the PDP candidate refused to collect the document from the bailiff when he got to his house to serve him

“The bailiff was kept at the gate to wait for instruction to drop the message but the security guard later ordered the bailiff to leave as there was no instruction to collect the document and he has to leave the scene for his safety”, he added.

Similarly, Mr Aliyu (SAN) also sought an order of the Tribunal to enable the plaintiffs to access the election materials, including electronic scanning of ballot papers and Voters registers used during the election among others.

While ruling on the applications, the tribunal’s Chairman, Justice Tertsea Aorga Kume granted the application for substituted service, allowing the bailiff to paste a copy of the document on the tribunal notice board for the 2nd respondent’s attention.

Recall that Governor Adegboyega Oyetola had challenged the outcome of the July 16 governorship election in which the Independent National Electoral Commission, INEC, declared Adeleke as the winner.

Adenitan Akinola

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