Election Tribunal Dismisses APC’s Petition In Osun | Independent Newspapers Limited
Newsletter subscribe


Election Tribunal Dismisses APC’s Petition In Osun

Posted: Jul 22, 2015 at 8:18 pm   /   by   /   comments (0)

By Gbenga Faturoti, Osogbo


The National and State House of Assembly Election Petition Tribunal sitting in Osogbo, Osun State, has dismissed the petition filed by the candidate of the All Progressives Congress (APC) in the general elections in March 2015, Nathaniel Agunbiade, challenging the victory of the candidate of the Peoples Democratic Party (PDP), Wole Oke, as the elected representative of Obokun/Oriade Federal Constituency.

The tribunal’s chairman, Justice Benedict Kanyip, dismissed the petition on technical grounds.

He explained that the petition was ill prepared and completely incompetent.

Kanyip ruled that the wrong heading of the originating summons, which referred the tribunal as presidential and National Assembly, affected the jurisdiction of the case, going by the practise direction of rules and various cases decided.

He said the petition breached a fundamental provision of the Electoral Act 2010, as amended, by not indicating the specific parties in the case, while the names and particulars of the witnesses were not also listed, in compliance with the Paragraph 4 (5a) of the Act.

The tribunal also held that the petition lacked cause of action, as it did not indicate the particulars of the reliefs being sought.

Consequently, it dismissed the petition of the APC candidate on the grounds of incompetence and lacking in jurisdiction to try the case.

In an interview shortly after the decision of the tribunal, counsel to the petitioner,

Yomi Aliyu, lauded the ruling, but added that his client would weigh the option of testing the decision at higher courts.

On his part, counsel to the respondent, Roland Otaru, SAN, described the ruling as proof that democracy has come to stay in Nigeria.