Tribunal: Amosun, INEC fail to stop Isiaka’s petition
Efforts by Ogun State Governor, Senator Ibikunle Amosun and Independent National Electoral Commission (INEC) to strike out a petition filed by Ogun State Peoples Democratic Party (PDP) governorship candidate, Prince Gboyega Nasir Isiaka, was rebuffed yesterday by the tribunal.
Isiaka, who had filed a petition challenging the victory of Amosun at the last election had insisted that he won in 14 out of 20 local councils in the state.
But Amosun and INEC had filed a motion on notice asking the tribunal to strike the matter on technical ground.
The chairman of Ogun State Governorship Election Petition Tribunal, Justice Henry Olusiyi in his ruling granting prayers contained in the Amosun and INEC application “would amount to standing justice in 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”.
“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 Isiaka 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 also instructive to note that the petitioners filed an application for the issuance of pre-hearing notice, to which all the respondents reacted, by filling the requisite processes. There is no application before the tribunal for the pre-hearing session processes already filed by all the parties, including the 3rd to 128 respondents to be set aside for irregularities”
“In the circumstances, the petitioner cannot, stricto sensu, be described as ‘sleeping petitioner’. This is not a clear cut case of abandonment do petition in the true sense of the meaning of the word ‘abandon’.
“To buy into the arguments of the learned senior counsel could 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.
“In the prevailing circumstances of this case, the petitioners cannot be deemed to have abandoned their petition. This is not proper case for the tribunal to hold that the petitioner’s have abandoned their petition. To so hold will be standing justice on its head,” the Chairman ruled.
Relying on paragraph 16 (1) of the first schedule to the Electoral Act 2010 (as amended), Olusina Sofola (SAN) counsel to the INEC had argued that the petitioner failed to reply to his early affidavit within the 5 days prescription by law.
In his own argument, Counsel to PDP and Isiaka, Adetunji Oyeyipo (SAN) reminded the court that the reply Sofola was referring to was a further counter affidavit and not an affidavit which could only be filled within 7 days.
He maintained that the petition was still within the time for issuance of pre-hearing notice saying the 3rd – 127 respondents also did not comply with the provisions of the law in their reply.
In his reaction, PDP Vice Chairman in the state, Chief Boye Adesina commended the tribunal for the ruling which he said will help to expose fraud perpetrated during the polls and help the party to retrieve the stolen mandate.
He said, “The era of dismissing a case on technical ground is over and once they have lost on their strength we are hopeful of coasting home to victory and make Ogun people smile”.
