The Peoples Democratic Party’s candidate and winner of the July 16 Osun State governorship election, Senator Ademola Adeleke, on Thursday, asked the Osun Election Petition Tribunal to dismiss petition challenging his victory at the poll.
At the sitting of the panel, the proceedings were, however, adjourned for some minutes shortly after commencement, because part of the court room was logged after heavy downpour.
The respondents’ legal team: Professor Paul Ananaba, SAN, who represented the Independent National Electoral Commission, and Adeleke’s counsel, Dr. Onyechi Ikpeazu, SAN, and Dr. Alex Izinyon, SAN, who represented the PDP, had asked the panel to dismiss the petition filed by the candidate of the All Progressives Congress, Mr. Adegboyega Oyetola, against Adeleke’s victory at the poll.
The respondents’ counsel had drawn the attention of the tribunal to a decision of an Abuja Federal High Court that invalidated Oyetola’s nomination at the governorship poll and asked the panel to strike out the petition before it.
But the lead counsel for the plaintiff, Mr. Lasun Sanusi, SAN, while replying to the applications seeking the dismissal of the petition based on the decision of the Abuja Federal High Court that disqualified Oyetola from contesting the election, cited Supreme Court decisions in the case of Jegede Vs INEC, 2021.
He also cited the case of APM Vs INEC, 2002 NWLR, Pt 18 Page 159, arguing that the application to dismiss the petition on the basis of the judgement was an abuse of court process.
In his ruling, the tribunal Chairman, Justice Tertsea Kume, declared the pre-hearing session concluded and announced that the pre-hearing conference report would be presented on Monday.
Also, after deliberation, counsel for all parties in the matter agreed to commence the full hearing starting with calling of witnesses on October 26, 2022.
