National Assembly Election Petition Tribunal sitting in Lagos on Thursday fixed Tuesday, September 18, 2015 for judgment in the petition filed by the candidate of Peoples Democratic Party (PDP), Segun Adewale, challenging the victory of Solomon Olamilekan Adeola of All Progressives Congress (APC) during the March 28, 2015 Lagos West Senatorial District election.
The tribunal, headed by Justice Sylvanus Oriji, fixed the judgment date after all parties to the petition adopted and argued their final written addresses.
Adewale had sued Adeola, APC and the Independent National Electoral Commission (INEC), asking that he be declared as winner. Adewale was represented by his lead counsel, Dr Yemi Oke; Adeola by R.A Olagoke, while Dr Muiz Banire represented the APC.
INEC was represented by Olwaseun Olusiyi.
Adewale, in the petition is alleging that the election was rigged for Adeola, and that the election was characterized by irregularities.
He further alleged that the results submitted by wards did not correspond with the number of voters accredited by the card readers, and that election did not hold in some wards among other irregularities.
Based on the foregoing, he urged the tribunal to declare him as winner of the election.
But the APC in its preliminary objection is contending that the petitioner (Adewale) lacked the locus standi to institute the action.
The party argued that the petitioner did not specify the law under which he brought the petition and also failed to state the votes scored by the candidates.
“By provision of Electoral Act, the petitioner is expected to specify the scores of all the candidates in the election. He only specified his own score and that of APC candidate which is respondent.”
Adeola, on his part, urged the tribunal to dismiss the petition on the ground that it lacked merit.
He specifically contended that there was a material contradiction with the petitioner’s prayer asking the court to declare him as winner whereas he claimed that the election was marred by irregularities.
Before adjourning for judgment, the tribunal had struck out an application for committal filed against Managing Director of Independent Newspapers Limited (publishers of Daily Independent), Mr Ted Iwere and a Senior Correspondent with the company, Tunde Opeseitan over a publication in respect of the matter.
In the petition written by a lawyer, Hassan Oladotun, alleging that the defence lawyers and tribunal officials conspired to steal vital documents from the case file.
But based on another report setting the records straight, Adeola’s lawyer (Olagoke) had applied to withdraw the application for committal, a request which was not opposed by all the lawyers, including Daily Independent’s lawyer, J.A Nsofor, who however urged the tribunal to strike out the application in the circumstance.
In his brief ruling, Justice Oriji struck out the application and also struck out a preliminary objection filed by Daily Independent challenging the jurisdiction of the Tribunal to hear the committal application.
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