The Chairman, Election Petition Tribunal sitting in Akure, Ondo state, Justice Rose Soji has reserved judgement in a petition filed by People’s Democratic Party, PDP, and its candidate Architect Gbenga Kolawole against the victory of All Progressives Congress, APC and its candidate, Hon Adegboyega Adefarati for Akoko South West/South East Federal Constiency of Ondo State.
During the adoption of the final written addresses on Tuesday 11th July 2023, the Counsel to the APC, Barr. Olajide Ajana, SAN and the counsel to Hon Adefarati, who is the first respondent Chief Olusola Oke, SAN represented by Barr. Yinka Orokoto prayed the tribunal to dismissed the case as its lack what he described as “simple merit”.
Barr. Ajana stated that the case is very narrow, he noted that the major argument in which the PDP and its candidate Mr. Gbenga Kolawole based their argument on, is the absence of “Stay of Execution” which has been taken care of by “Notice of Appeal” tendered by the first respondent. He however tells the tribunal to dismiss the case.
Barr. Orokoto said that the case is too narrow and weightless as the appelate courts; Appeal court and Supreme court had already set asides the judgement of the lower court which voided the primary election of the first respondent. And as such, no arguments or petition should be based on that. He therefore urged Justice Rose Soji to dismiss Gbenga Kolawole’s petition.
The counsel to the Independent National Electoral Commission (INEC), Barr. O.C Oke told the tribunal that the high court judgement is a consent judgement that does not even exist in the first place and as such the case should be dismissed.
Counsel to PDP, Mr. Tolu Babaleye faulted the arguments of other counsels and urged the tribunal to sack Adefarati and declared his client the winner of the election.
Babaleye who expressed shock and disappointment in some statements personally credited to his colleagues equating Notice of Appeal with Stay of Execution as an aberration that is, a deliberate intention to deviate from legal truths.
Babaleye noted that in other not to lay a bad precedence and prayed the tribunal justice must be served appropriately. He noted that as at 25th of February when election for Akoko South West/South East Federal Constituency was held, the judgement of high court still subsisted, and the verdict that must be obeyed by all parties.
“The election matters are distinct. It is an aberration to compare election matters with land and marriage matters. They are not related. Election matter is a class on its own and it should be treated as such that is why time table is being released by INEC. The time table itself is a law that can’t be bridged by any party”. Barr. Babaleye said.
He appeals to Justice Rose to void the election and nullify the candidacy of the first respondent Mr. Adegboyega Adefarati, withdraw his certificate of return and issue same to the PDP candidate Gbenga Kolawole.
Babaleye said, this remains the only way to serve justice, set good precedence for future and a good reform in the electoral system.
The chairman of the panels, Justice Rose Soji however adjourned the sitting and said that the judgement day would be communicated to all the parties.
Other members of the panel included Justice Aliyu Bapa and Justice Frank Onyiri.
