Ekiti poll: Tribunal throws out APC’s petition against Fayose

AYODELE FAYOSE

(NIGERIA) The Ekiti State Governorship Election Petitions Tribunal today threw out a motion exparte initiated by the All Progressives Congress (APC) on the June 21 governorship election won by the Peoples Democratic Party’s (PDP) candidate, Mr. Peter Ayodele Fayose.

The Tribunal, presided over by Justice Mohammad Sirajo, struck out the motion exparte after it was withdrawn by lawyer to the applicant, Mr. Kabir Akingbolu, who appeared with M.O Balogun and Christain Okoh.

The Independent National Electoral Commission declared Fayose winner of the election ahead of the APC candidate and incumbent Governor, Dr. Kayode Fayemi, after polling 203,090 votes to 120,433.

But the APC alleged that the election was fraught with irregularities and manipulated using federal might in favour of the PDP.

Security was beefed up around the premises of the Ado Ekiti High Court, the venue of the tribunal sitting, as armed policemen barricaded the double lane that linked Fajuyi Park with Basiri area in the capital city.

The motion exparte was brought pursuant to Section 151(1) and (2) of the Electoral Act, 2010 (as amended) and Paragraph 47(1) and (2) of the First Schedule of the Electoral Act, 2010 and under the inherent powers of the tribunal.

Akingbolu had submitted that the motion had been overtaken by events since the applicant had filed the substantive petition before the tribunal.

The Tribunal chairman held that, “Upon hearing the motion exparte filed on 11/07/14 together with the Affidavit in support deposed to by Ibrahim Abolusodun, before the tribunal and written addresses on the same date, and after hearing Kabir Akingbolu with him M.O. Balogun and Christain Okoh, the motion exparte dated 11th of July, 2014 and filed the same date having been withdrawn by learned counsel for the applicant, is hereby struck out”.

Joined as first to sixth respondents in the application were Fayose, his running mate, Dr. Olubunmi Olusola; PDP, INEC, Ekiti State Resident Electoral Commissioner, Halilu Pai, and the Ekiti State Returning Officer, Professor Isaac Azuzu. Azuzu is the Vice-Chancellor of the Federal University, Oye-Ekiti.

APC in the motion had sought the leave and order of the tribunal allowing the application to be moved outside the pre-hearing session.