Again, INEC loses bid to stop Isiaka’s petition against Amosun
The Independent National Electoral Commission on Wednesday suffered a second defeat within 24 hours as the it failed to stop election petition by the Ogun State Peoples Democratic Party (PDP) governorship candidate, Prince Gboyega Nasir Isiaka challenging the victory of Senator Ibikunle Amosun of Ogun State at the last election.
Isiaka, had approached the tribunal to seek justice, claiming that he was the winner of the election as the results in the 14 local councils had earlier indicated before it was allegedly tampered with.
The Chairman of the Ogun State Governorship Election Petition Tribunal sitting in Abeokuta, the Ogun State capital, Justice Henry Olusiyi ruled that the applicant (INEC) has failed to make a good case for itself.
Counsel to the INEC, Olusina Sofola (SAN) had on Tuesday moved a motion of preliminary objection praying the tribunal to strike out the petition brought before it by Isiaka.
He also prayed the tribunal to strike out the names of 4th – 128th respondents/applicants in the substantive suit.
Arguing his case, Sofola told the court that the petition was brought before a tribunal unknown to the 1999 constitution (as amended) and thereby rendered the petition incompetent.
He further said that the heading on the petition reads ‘Governorship and Legislative Houses of Assembly Election petition tribunal’ instead of ‘Governorship Election Petition Tribunal’.
Citing Mobil Oil Nigeria Plc v Yusuf, 2008, the Counsel submitted that the petition was incompetent and that the tribunal lacks jurisdiction to entertain it.
Opposing the application, Counsel to the petitioners (Isiaka), Sayo Odumosun contended that the error in the title of the petition was a clerical slip by the petitioners adding that such could not be fatal to the entire petition.
Placing relevance on paragraph 53 (4) of the first schedule to the electoral act, 2010 (as amended, Odumosun argued that a defect as to form could not defeat the petition.
Ruling on the application, Justice Olusiyi held that errors in the title should not be a basis on which a petition should be struck out adding that the misnomer or wrong naming has not misled the respondents nor occasioned any injustice to them.
The Chairman maintained that the era of technical justice has been consigned to the dustbin of history.
He said, “It is not in doubt that this tribunal is known as the Governorship Election Tribunal and not Governorship and Legislative House of Assembly Election Petition Tribunal. Be that as it may, it is now settled law that wrong naming of the tribunal cannot and should not be a basis on which a petition should be struck out.
“The era of technical justice has now been consigned to the dustbin of history. In a matter of this nature, the tribunal will now allow technicalities to prevent it from doing substantial justice.
“The 3rd to 128th respondents/applicants have failed to make out a good case for the petition to be struck out in its entirety.”
It will be recalled that similar application by the electoral body was on Tuesday dismissed by the tribunal.
