Ondo: PDP Reps Candidate For Akoko South West And East Federal Constituency Seat, Arch Gbenga Kolawole Asks Election Petition Tribunal To Declare Him Winner
Ondo State Election Petitions Tribunal sitting in Akure, Ondo State Capital has adjourned for a substantive hearing on the petition filed by People’s Democratic Party, PDP and its candidate for Akoko South West and South East Federal Constituency seat, Arch Gbenga Kolawole against the victory of All progressives congress APC and its candidate Adegboye Adefarati in the last general election held on the 25th of February 2023.
The chairman of the tribunal justice Rose Soji adjourned the suit till may 27th year after the pre trial conference had been concluded.
In the suit,the Petitioners,Arch Gbenga Kolawole and PDP are seeking the withdrawal of certificate of return issued to the APC as well as its candidate Adegboyega Adefarati by Independent National Electoral Commission INEC and declare PDP candidate Arch Gbenga Kolawole as the winner and issue him the certificate of return.
Counsel to the petitioner Barrister Tolu Babaleye noted that,as the time of conducting the national assembly election on the 25th of February,this year,the federal high court in Akure had delivered its judgement which nullified the APC fresh primary election instead of rerun primary election that produced Adegboyega Adefarati as the candidate of the party.
The federal high court judgement further elucidated that,the window for nomination of candidates for elections had closed which ran contrary to the electoral act saying as the time of conducting fresh primary election instead of rerun primary election ordered by the initial consent judgement of the federal high court.
In view of this,the APC had no candidate in the last general elections as both the party as well as its candidate Adegboyega Adefarati had been barred from participating in the last general elections.
Barrister Tolu Babaleye argued further that, declaring APC and its candidate Adegboyega Adefarati as the winner of the national assembly election for Akoko South West and East Federal Constituency by INEC is contempt of court since APC and its had been barred and there was no stay of execution on the federal high judgement that would have allowed APC to participate in the election then
While countering the position upon which the petition was based, counsel to APC Dr Olajide Ajana SAN filed a motion to discard the petition over incompetence and lack of jurisdiction.
Barrister Ajana SAN who cited different authorities to counter the Petitioners ‘s position at the pre trial conference said the Petitioners failed to follow section 134 of new Electoral act in filling the petition and therefore should be dismissed.
Also counsel to the APC Candidate Yinka Orokoto held the same view that the Petitioners case should be dismissed as the federal high court judgement upon which the Petitioners rely on had been vacated by the appeal Court.
Barrister O C Oke is holding a brief for barister Titilayo Osagie who is a counsel to INEC
However, counsel to PDP as well as its candidate Barister Tolu Babaleye vehemently opposed the motion to discard the petition with 4 paragraphs counter affidavits.
Ruling on the motion of the respondent APC,the chairman of three member panel of the tribunal justice Rose Soji ruled that Having gone through the application,the tribunal shall suspend a ruling until final judgement on this matter.
Tribunal thereafter adjourned till 27th of May 2023 for the commencement of the hearing on the substantive suit.
Apart from Justice Rose Soji who is the Chairman of the panel of election Petitions tribunal, Justice Aliyu Bapa and Justice Frank Onyiri are members.
