Isiaka Floors Amosun As Tribunal approves the inspection of electoral materials
All legal encumberances by Governor Ibikunle Amosun of Ogun State and the All Progressives Congress (APC) to stop the application of the candidate of the Peoples Democratic Party ( PDP), Prince Gboyega Nasiru Isiaka to inspect all electoral materials for April 11, this year election was Thursday turned down by Ogun State Election Petition Tribunal.
The application seeking an order of the court to have unrestricted access to materials used by the Independent National Electoral Commission (INEC) in the last Governorship election in the state was consequently granted as prayed.
Isiaka, who was challenging Amosun’s victory had insisted that he won the election leading in the 14 out of twenty local councils in the state before some elements tampered with the process.
The Chairman of the three man panel, Justice Henry Olusiyi while delivering his ruling yesterday said the application has considerable merit, ‘it succeeds and hereby granted.’
The Chairman also held that Counsel to Amosun, Dr Olumide Ayeni failed to show to the court how granting the application would be prejudice and overreach him.
Moving the application dated 10th July, 2015 which was brought pursuant to section 77 (1) of the Electoral Act, 2010 as amended, Counsel to the petitioner, Dr Funminiyi Abiodun Adeleke said the document being sought would assist in the determination of the substantive petition before the court.
Adeleke said granting the application would be in line with the fundamental human right to fair hearing by the petitioner and would further strengthen the will of justice.
Opposing the application, Ayeni argued that the application was grossly incompetent and that the tribunal lacks the jurisdiction to entertain it and should be truck out.
Ayeni also described the application as a fishing expedition for evidence and ‘an utter and complete ruse calculated to pull a wool across the eyes of the Honourable Tribunal and misleading it’.
He further explained that all the documents being sought for have been in the custody of the petitioner as demonstrated by the available information before the court.
Granting Isiaka’s application, Justice Olusiyi said the lone issue for determination was resolved in the affirmative in support of the applicant saying, “Counsel to the 1st respondent failed to show how granting the application would prejudice him. There’s considerable merit in the application, it succeeds and hereby granted.”
The Chairman also directed that representatives of the 1st and 2nd respondent should be available from the beginning to the end of the inspection adding the petitioner has only 7 days to complete the exercise.
Earlier, the tribunal also struck out two preliminary objections filed by both Amosun and APC for lack of merit.
Reacting to the ruling, spokesperson of the PDP candidate Comrade Ifedayo Akinbode said, “we are satisfied with the ruling because it will allow Ogun people and the whole world to know the truth and how the election was manipulated and people’s mandate stolen.
“We know they can not escape with this stolen mandate and we have to thank our supporters and people of the state for remaining calm in the face of constant harassment and intimidation by the aggressors”.
Akinbode commended the supporters and well wishers as well as the good people of Ogun state for their support and also assured them that no stone will be left unturned to get the mandate of his candidate