BY Dayo Johnson
Akure— THE Election Petition Tribunal sitting in Akure, yesterday dismissed the petition filed by the immediate past Governor of Ondo State, Dr. Olusegun Agagu challenging the victory of Senator Boluwaji Kunlere of Labour Party, LP, at the April poll in the state.

Agagu had challenged the result of the Ondo South Senatorial district election result released by INEC which declared Kunlere as winner of the election.

Chairman of the Tribunal Justice Aisha Bawa-Bwari predicated its decision on the failure of the petitioner to comply with paragraph 18 first schedule of the Electoral Act, 2010 which stipulated the time within which to file pre-hearing notice after the reply to the petition at the tribunal.

The PDP through its counsel, Mr Dele Adesina SAN had dragged Kunlere and the Independent National Electoral Commission, INEC, to court over the conduct of the April 16 senatorial election in Ondo South senatorial district.

The PDP said that the election was marred by electoral malpractices including multiple thumb printing, violence and manipulation of votes in many parts of the zone.

It prayed the Tribunal to nullify some results in some polling wards in the district and declared the rest, which in their opinion would see the party’s candidate- Dr Agagu being declared the winner of the election.

But the LP and the INEC in their reply through their counsel, Chief Fola Adeyeye, Olumide Ogunje and Ozaze Uzzi faulted the position of the PDP saying the election was held in substantial compliance with the electoral act.

Adeyeye aside the reply to the petition had filed an application seeking to dismiss the petition on the ground that the applicant did not fulfill the condition precedent in the petition proceeding to hearing stage.

He said the petitioner failed to comply with paragraph 18 sub 1 to 5 first schedules to the amended Electoral Act 2010 in that the pre-hearing notice supposed to have been filed seven days after the reply to the petition must have been received by the defendants.

Adeyeye argued that since the petitioner has failed to comply with the relevant provision of the Act, the counsel said the Tribunal lacked jurisdiction to entertain the case.

Responding, Adesina said since the provisions of Electoral Act are inferior to the constitution and that the case should be heard on merit instead technicalities which the respondents’ counsels are trying to introduce.

But Adeyeye and Ogunje in their reply on point of law argued that the issue of time in election petition has been elevated to the status of constitution and no longer mere technicalities.

They posited that the second alteration in the second schedule of the 1999 constitution stipulates the time within which to file petition, reply and pre-hearing notice.

According to them the same provision stipulates the time within to determine the petition.

The Justices in their ruling upheld the objection of respondents’ counsel and dismiss the petition of the PDP.