Posted by By JIBOLA OYEKUNLE on
There is perceived atmosphere of tension in Osun State as the Election Petition Tribunal prepares to hear the petitions of the Alliance for Democracy (AD) and Progressive Peoples Alliance (PPA) against the Action Congress (AC) tomorrow.
There is perceived atmosphere of tension in Osun State as the Election Petition Tribunal prepares to hear the petitions of the Alliance for Democracy (AD) and Progressive Peoples Alliance (PPA) against the Action Congress (AC) tomorrow.
Indications emerged weekend that the AC may lose five seats in the state House of Assembly at once to petitions filed by the AD and the PPA challenging their exclusion from the Assembly election by the Independent National Electoral Commission (INEC).
The AC had suffered a setback Wednesday as the tribunal shut it out from introducing new witnesses and statements not front-loaded with the petitions as prescribed by law.
On Friday in Osogbo, Justice Thomas Naron, chairman of the state's election tribunal struck out a petition filed by Olarotimi Makinde of the Action Congress against the election of Albert Adeogun (PDP) as member of the House of Representatives in Ife federal constituency for lack of diligent prosecution.
The affected AC lawmakers stand the risk of having their elections nullified if the tribunal rules in favour of the petitioners in the cases.
Already, the tribunal has commenced processes for the consolidation of five petitions filed against five of the AC's elected legislators in the state House of Assembly. The five petitions filed by the two parties against the election in Iwo, Ila, Osogbo, Olorunda and Ejigbo state constituencies will also be consolidated.
Fatai Rabiu (AD, Iwo), Sikiru Alabi, (PPA, Ila), Dorcas Abosede Oyegbile (PPA, Ejigbo), Adekilekun Abimbola (PPA, Osogbo) and the PPA in Olorunda Local Government are challenging the omission of their parties logos and names on the ballot paper used during the House of Assembly election in the state.
The AD and PPA candidates in separate petitions filed by their counsel, Muraina Adetunji, prayed the tribunal to nullify the elections in their constituencies and order INEC to 'immediately conduct bye- elections into their various constituencies."
According to them, they were validly nominated by their parties but were unlawfully excluded from the election in contravention of section 145(1d) of the Electoral Act 2006.
Before the tribunal struck out AC's petition on Friday, its counsel, Kunle Fagbile had informed the tribunal that he had an application for change of counsel before the tribunal and that the case file was in Lagos with another senior counsel.
He therefore sought an adjournment to enable the petitioner who was absent in court prepare adequately for the case.
Reacting, counsel to Hon. Adeogun, Mr. Aderemi Abimbola reminded the tribunal of the practice direction guiding the court saying that the non-appearance of the petitioner when his matter had been slated for definite hearing should prove fatal to the case.
He maintained that since a case had been stated for definite hearing and the petitioner failed to show up, the petition should be struck out. He therefore prayed the tribunal to strike out the petition.
Reading the tribunal's ruling, Justice Thomas Naron struck out the petition for want of diligent prosecution as it was slated for definite hearing on Friday and the fact that the petitioner was not in the court while the counsel was not ready to prosecute his case.
And on Wednesday, the tribunal ruled against an attempt by the Action Congress to bring through subpoena three additional witnesses in its petition against the election of Abiodun Idowu of the Peoples Democratic Party in Ifedayo State Constituency.
Chairman of the tribunal, Justice Naron after listening to counsel to the AC, Mr Charles Edosonwon (SAN) and the objections raised by Kunle Kalejaye (SAN) for the respondents, ruled that it was against the law to allow the AC to bring in witnesses who were not listed in the petition and whose statements were not frontloaded with other exhibits.
The AC, which originally listed five witnesses in their petition, midway into the trial, attempted to call three additional witnesses through subpoena, a move that was stoutly opposed by Kalejaye who cited several authorities including the practice direction guiding the tribunal's operations to support his case against the AC move.
According to Kalejaye, the Practice Direction and the relevant laws made it clear that all parties to an election petition case must list all witnesses they intend to call in support of the case and front-load the list with statements of the witnesses duly deposed to by them.
Kalejaye equally reminded the tribunal that even during the pre-trial stage, the AC did not inform the tribunal that it planned to call additional witnesses.
He therefore urged the tribunal to disallow the AC, a prayer the tribunal upheld.
The tribunal also on Thursday asked the AC to assist it in speedily disposing of cases by bringing its witnesses to court in substantial number.
Justice Naron said this when reacting to an observation by Kalejaye that the AC was deliberately slowing down the hearing of the numerous petitions by bringing very few witnesses to the tribunal on daily basis.
The Peoples Democratic Party (PDP) has five House of Assembly petitions before the tribunal seeking the tribunal's order to upturn in its favour, the victory of the AC in Orolu, Egbedore, Ife North and Obokun Local Governments.
The Action Congress on its own filed 28 petitions against the PDP and all its candidates who won the governorship, State Assembly and National Assembly elections in the state.