Tribunal dismisses Akande’s petition against Ogunwuyi’s election

Oyo State National and State Assemblies Election Petitions Tribunal, presided over by Justice James Abundaga, yesterday dismissed a petition with suit number EPT/ IB/NA/REP/1/2015, filed by former Majority Leader of the House of Representatives, Hon. Mulikat Akande- Adeola, stating that time was of essence in election petition matters.

The former lower chamber house leader had approached the tribunal seeking to upturn Ogunwuyi victory. In her petition, she called on the judges to declare her as the winner of the said election on the grounds that Ogunwuyi was not qualified to contest under Labour Party because he did not validly resigned his membership of his former party; the Peoples Democratic Party (PDP) as at the time of the election.

In his defense, Counsel to Ogunwuyi, Oluwasina Ogungbade seek an order to set aside the petitioners’ joint reply to the replies of the 1st and 2nd respondents (Ogunwuyi and Labour party respectively) filed on the May 27, 2015 same having been filed a day outside of the period limited in paragraph 16(1) of the first schedule to the Electoral Act 2010 (as amended).

The LP’s counsel also seek an order to set aside the application of the petitioners dated May 28, 2015 and filed on the May 29, 2015 for issuance of pre-hearing conference with the provisions of paragraph 18(1) of the first schedule to the electoral act 2010.

While also calling for the setting aside of the pre-hearing conference notice (form TF 007) dated June 2, 2015 issued by the tribunal and served on both parties, Ogunwuyi’s counsel also seek an order dismissing the petition as abandoned for failure of the petitioners to apply for the issuance of pre-hearing conference notice in accordance with the provisions of paragraph 18(1) of the first schedule to the electoral act 2010 as amended.

Hon. Akande’s counsel, Mr. Yunus Ustaz Usman, in his submissions before the tribunal, said the application being sought by Ogunwuyi’s counsel, Mr. Oluwasina Ogungbade to the effect that he filed his reply out of time (a day late) during the pre-hearing sessions should be dismissed because the merit of the case should be looked into and not the other way round.
He cited similar cases, including the general principle in election petition matters to back up his position, and urged the tribunal to dismiss Ogungbade’s application so that the matter could be decided on its merit.

The tribunal, in striking out the petition in a unanimous decision read by Justice Abundaga, held that in an election petition, time is of essence and that as judges, they were bound to interpret what the law is and not the way it should be.

The judge said: “We are also bound by what the Court of Appeal and Supreme Court decisions were in different cases like the one at hand, especially, a recent court’s decision in Omisore against Ogbeni Rauf Adesoji Aregbesola’s case, and therefore dismissed Akande-Adeola’s petition because it was filed out of time and was therefore deemed abandoned.”

However, Hon. Mulikat Akande-Adeola, has vowed to challenge the outcome of the ruling of the Elections Petitions Tribunal, which dismissed her application on Wednesday.

Speaking with journalists on phone, Akande- Adeola said she is definitely going to appeal the ruling.

She said her lawyer has briefed her on the outcome of the ruling, saying “we are going on appeal.”