
By Gbenga Olarinoye
OSOGBO—Osun State Election Petition Tribunal yesterday began pre-hearing of the petition filed by the Peoples Democratic Party, PDP, candidate in the August 9 governorship election in the state.
The candidate, Senator Iyiola Omisore is challenging the victory of Governor Rauf Aregbesola of All Progressives Congress, APC.
There was heavy security at the Osun State High Court, Osogbo, venue of the tribunal as security operatives mounted road blocks along the roads leading to the court, checking motorists and people.
Senator Omisore and his party, PDP, had petitioned against Governor Rauf Aregbesola of the APC and Independent National Electoral Commission, INEC.
While PDP is represented by four Senior Advocates of Nigeria, SANs, and 24 other lawyers, Governor Rauf Aregbesola, who is the first respondent in the petition, was represented by four SANs and 14 others.
The Justice Elizabeth Ikpejime- led reconstituted election tribunal arrived the court around 9 a.m., and appealed to the parties to cooperate with the panel to ensure fair hearing on the petition.
The tribunal chairman also cautioned against spreading falsehood over the activities of the tribunal, condemning the rumour that was spread last week that the tribunal had given order for the recounting of the votes.
While calling for cooperation of the parties involved in the matter, Justice Ikpejime also appealed to political parties to allow the tribunal do its job without distraction.
At the commencement of the proceedings, Aregbesola’s lead Counsel, Akin Olujimi, SAN, PDP lead Counsel, Alex Izinyon SAN, and INEC lead Counsel, Ayotunde Ogunleye, welcomed the new members of the tribunal, promising to cooperate with them.
The Petitioner’s lead lawyer, Dr Izinyon urged the tribunal to take the entire petition together so as to fast-track the pre-hearing of the matter and move to the witness, noting that two months have been spent out of the six months stipulated by law to finish the process.
But, Counsels to governor Aregbesola, APC and INEC, the 1st, 2nd and 3rd defendants respectively, Olujimi, Rotimi Akeredolu and Ogunleye, insisted that any challenge on jurisdiction to the competence of the panel must first be heard before moving forward.
Citing various laws of Electoral Act and Appeal Court decisions, the three defendants urged the tribunal to decide on pending application before moving forward to others.
Counsel to the petitioners, Izinyon, submitted that the application can be heard together, citing the case of Enukeme v Onumazi and others, reported in the Election Petition Law Report, 2014, Court of Appeal.
Meanwhile, the Tribunal has fixed Monday for ruling on the request by the PDP and its governorship candidate, Senator Omisore that the tribunal should not determine the competence of their petition at the pre-hearing stage.
Also, APC (the second respondent) counsel, Chief Akeredolu (SAN) argued that the procedure is to hear the preliminary objections before going into the merit of the matter.
The Independent National Electoral Commission, the third respondent counsel, Mr Ogunleye aligned with the submission of the first and second respondents, arguing that jurisdiction is a foundational issue that must be determined before going into the merit of the case.
Subsequently, the tribunal adjourned the matter till Monday, November 3 for ruling.
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