…Insists hearing must continue in Ado-Ekiti
The Court of Appeal has rejected a request by the legal team of the Social Democratic Party (SDP) requesting the relocation of the sittings of the Election Petition Tribunal hearing the Ekiti State governorship petitions to Abuja.
The revelation came to light on Wednesday in Ado-Ekiti at the resumed hearing of the petitions filed by both the SDP and the Action Alliance (AA) challenging the re-election of Governor Biodun Oyebanji at the June 20 governorship election.
The Chairman of the Ekiti State Governorship Election Tribunal, Justice Abubakar Idris Kutigi told parties in the petitions that the panel has received a communication from the Court of Appeal headquarters in Abuja that hearing should continue at the tribunal venue in Ado-Ekiti.
Justice Kutigi emphasized that the President of the Court of Appeal (PCA), Justice Monica Dongban-Mensem, has acted on the request of the SDP lawyers and has consequently directed that hearing should continue on the two governorship petitions before the Tribunal at the Ado Ekiti venue.
The Tribunal chair consequently adjourned sitting till Thursday, September 24 for the SDP to continue the prosecution of its petition before the three-member jury.
The AA had also requested for an adjournment in view of the request of the SDP counsel that proceedings should be shifted to Abuja but the Tribunal held that since event has overtaken the request for relocation with the latest directive of the PCA, its (AA’s) petition would continue in Ado Ekiti and the two cases would resume on Thursday.
In the two separate petitions filed by the SDP and the AA, the Independent National Electoral Commission (INEC) is the 1st Respondent while Governor Oyebanji, who ran on the platform of the All Progressives Congress (APC), was joined as the 2nd Respondent.
According to the governorship results declared by INEC, the SDP scored 179 votes while the AA got 126 votes. The APC won the election by garnering a total of 319,224 votes.
The SDP lawyers were absent at Wednesday’s proceedings. Lead counsel to INEC, Bunmi Ipinlaye and lead counsel to Oyebanji, Ibrahim Olarewaju told the panel that they were just served with a letter from the petitioners asking for an adjournment of sitting pending the determination of the application to the Court of Appeal for the relocation of sitting to Abuja.
The Tribunal Chairman, Justice Kutigi asked the Tribunal Secretary, Zubairu Nuhu whether he forwarded the response received from the PCA which was conveyed through an SMS to the Tribunal Secretary directing that sittings should continue in Ado Ekiti to the legal teams of the two Respondents.
The Tribunal Secretary replied that he forwarded the message to the lead counsel of the Respondents who were not physically present at Wednesday’s sitting. Nuhu was subsequently directed to read the message to the hearing of the lawyers present which he did.
While reading the message, Nuhu said: “I am directed to inform you that the Tribunal is to continue its sitting in Ado Ekiti pending further directives from the Honourable President of the Court of Appeal.”
Justice Kutigi in a short ruling recalled that when the case last came up for hearing on September 16, the Tribunal adjourned to September 23 and was awaiting the PCA’s directive on the SDP counsel’s application for change of venue.
The Tribunal boss also ruled that another application filed by the SDP legal team for adjournment of the petition pending the determination of the application to the Court of Appeal for change of venue to Abuja could no longer stand with the latest directive of the PCA that hearing should continue in Ado Ekiti.
He held that the PCA has directed that hearing should continue in Ado Ekiti and that all parties have been put on notice and that the application for change of venue has no basis and subsequently adjourned the SDP petition to Thursday, September 24 for continuation of hearing.
When the AA case was called, INEC counsel (Ipinlaye) sought an adjournment owing to the absence of the petitioners in court but counsel to Oyebanji (Olarewaju) said he and his client were ready for the continued hearing of the petition.
But Justice Kutigi stressed that the petitioners (AA) ought to have appeared in court since they have not made any request for change of venue as the request was in respect of the SDP case. He equally adjourned the AA petition till Thursday, September 24 for continuation of hearing and that all parties be put on notice to appear on the adjourned day.
The application for change of venue was filed by SDP counsel, Ebenezer Akinbuli of the law firm of Adewole Adebayo, seeking an order to relocate the venue of the tribunal from Ado Ekiti to “a safer and more secure location in Abuja” citing an alleged hostile atmosphere created around tribunal premises by individuals he referred to as “lawless elements.”
The SDP counsel also wrote a letter described as an urgent request for reinforced security and police presence at every subsequent adjourned date which was addressed to the state Commissioner of Police and served on counsel to Respondents in the petition.
The SDP whose governorship candidate has withdrawn from the petition is expected to bring more witnesses on its list to court to give evidence when hearing resumes on Thursday.
