Amosun, INEC Lose Bid To Stop Isiaka's Petition

Ogun State Governorship Election Petition Tribunal sitting in Isabo, Abeokuta, the Ogun State capital has released applications looking to strike out the request filled by the governorship hopeful of the Peoples Democratic Party, PDP in the last decision, Prince Gboyega Nasiru Isiaka and his party against Governor Ibikunle Amosun.

Issues for determination, as indicated by the decision, was whether the applicants' answer to each of the answers of the respondents was documented inside of time and is uncouth and whether in the circumstances, the candidates could be regarded to have surrendered their appeal.

The tribunal, refering to section 47 (4) (5) of the first schedule of Electoral Act, 2010 (as revised) held that the applicant's answer was filled outside the five days as needed by law and struck it out as being inept.

The Chairman however decided alternate requests to God for the applicants, keeping up that the issues raised were specialized issues, saying the season of details was gone in law.

The Judge who maitained that the appeal couldn't be considered deserted in the circumstances, avowed that rather than techinicalities, the substances in the request would be resolved.

Executive of the tribunal, Justice Henry Olusiyi while administering on three applications filled before it by the Independent National Electoral Commission (INEC), All Progressives Congress (APC) and Amosun held that conceding requests to God contained in the application would add up to standing equity in its mind.

He said; “It is crystal clear that the petitioner’s reply in answer to each of the 1st and 2nd respondent’s reply and the reply of the 3rd to 128th respondents’ replies is hereby struck out. Issue 1 for determinations formulated by the tribunal, is resolved in the negative, in favour of the respondents.

“In the circustances, the petitioner cannot, stricto sensu, be described as ‘sleeping petitioner’. This is not a clear cut case of abandonment to petition in the true sense of the meaning of the word ‘abandon’.

“To buy into the arguments of the learned senior colleague, it could sell 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 techinicalities 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 still hold with the prayers will be standing justice on its head,”

Depending on section 16 (1) of the first schedule to the Electoral Act 2010 (as corrected), Sofola (SAN) had contended that the candidate neglected to answer to his affidavit  inside of the 5 days remedy by law.

He additionally contended that the procurement of law commanded the applicants to seek pre-listening to see inside of 7 days subsequent to filling and administration of his customers answer, saying the tribunal needs ward to captivate the matter.

In his own particular contention, insight to PDP and Isiaka, Adetunji Oyeyipo (SAN) reminded the court that the answer Sofola was alluding to was a further counter affirmation and not a sworn statement which could just be filled inside of 7 days.

Oyeyipo kept up that the appeal was still inside of the time for issuance of pre-listening to notice, saying the third – 127th respondents additionally did not conform to the procurements of the law in their answer.

In what resembled a life saver, Justice Olusiyi has saved the decision on another application moved yesterday by the insight to INEC and 127, Olusina Sofola till today (Wednesday).

The application, conveyed compliant with segment 9 (2) of the constitution of the Federal Republic of Nigeria was again looking for a request of the court to strike out Isiaka's appeal in its sum for being brought before a wrong tribunal.

Talking after the decision, direction to APC, George Oyeniyi said the decision would be bid and consolidate it with what might be the result of the entire appeal.

In his own comment,the lead advice to Isiaka and PDP, Sayo Odumosun said he would investigate other legitimate measures to pad the impact of the first supplication to God allowed for the candidates.

The procedure will proceed with today in Abeokuta,the state capital.

INEC reported Amosun as champ of the 2015 general races surveying 306,988 votes while the Peoples Democratic Party hopeful, Gboyega Isiaka, surveyed 201,440 votes.