Counsel for both the Osun State Governor-elect Ademola Adeleke and the Independent National Electoral Commission (INEC), has sought the dismissal of the petition by the incumbent Governor of the State, Adegboyega Oyetola.
OsunDaily News reports that counsel for INEC in the ongoing election petition Prof. Paul Ananaba (SAN), asked the panel to throw out the petition for lack of preparedness.
He made the request on the premise that the petitioner (Oyetola) is wasting the time of the panel and plotting to frustrate the respondents.
Oyetola had approached the Osun State Election Petition Tribunal to content results of the governorship election that produced the candidate of the Peoples Democratic Party (PDP), Adeleke as the winner.
The INEC counsel explained that the day’s sitting marked 104 out of 180 days constitutionally given to the panel to hear and adjudicate on the matter, adding that the Resident Electoral Commissioner (REC) that was being summoned was not listed in the petition.
OsunDaily News gathered that counsels for Adeleke, Niyi Owolade and Nathaniel Oke (SAN), in the matter, both supported Ananaba’s submission, while appealing to the panel to dismiss the petition.
Ananaba’s submission follows the request by Oyetola’s lawyer, Saka Layoonu (SAN) to adjourn the case because of his inability to serve a summon on the INEC’s REC to appear before the panel.
He pleaded for an adjournment to enable him to serve the summons on the INEC’s chief officer in the state.
Layoonu informed the panel of a subpoena dated November 3 and filed on November 8 for service on the Osun REC, which he was to tender before the court in Form CF001, which contained certificates and other documents of the 2nd respondent, Ademola Adeleke, the governor-elect and candidate of the PDP.
He noted in his reactions to the issues raised saying the plaintiff (Oyetola) was prepared for the matter, asking the panel to ignore the call from the respondents that the case should be dismissed.
He also said it is written on page 134, paragraph 69 (VI), of the plaintiffs’ petition, it was stated that the petitioner would file INEC’s nomination form for the second respondent and other relevant documents.
He, therefore, declared that it was the prerogative of the plaintiff to use the time allocated to them before the panel the way they liked within the provisions of the law.
Meanwhile, the Tribunal Chairman, Justice Tertsea Kume, in his ruling explained that a summons on the REC was issued by the tribunal on Tuesday and would subsequently be served on the INEC officer.
He adjourned the matter till Monday, November 21, for the continuation of the hearing.
