The Governorship Election Petition Tribunal on Monday struck out the vote buying allegation, levelled against Governor Dapo Abiodun and the All Progressives Congress (APC) by the Peoples Democratic Party (PDP) and its governorship candidate, Hon Ladi Adebutu.
Penpushing reports that Adebutu presently outside the country after the governorship poll had dragged Governor Abiodun and the ruling All Progressives Congress (APC) to the tribunal challenging their declaration as the winner of the 18, March 2023 governorship election in the state.
The Governor’s lawyers led by Chief Wole Olanipekun (SAN), however, in their defence to the petition, made weighty allegations backed up with police report, establishing that Adebutu and the Peoples Democratic Party (PDP) engaged in vote buying during the elections.
Penpushing further reports that Adebutu and the Peoples Democratic Party (PDP) in similar vein, on May 22, 2023 filed a reply to the defence by Governor Abiodun and the All Progressives Congress (APC), equally levelling vote buying allegation against the ruling party.
The Governor’s lawyers, represented by Prof. Taiwo Osipitan (SAN), however, filed an application asking the tribunal to strike out the reply in its entirety or in the alternative, to strike out offending paragraphs from that reply.
Penpushing also reports that Osipitan argued that the reply filed by Adebutu and the opposition Peoples Democratic Party (PDP) contravenes paragraph 16(1) (a & b) of the Electoral Act and the rules of court pleadings.
The Chairman of the tribunal sitting within the premises of the High Court in Isabo, Abeokuta Justice H.N. Kunaza, while ruling on the matter supported by the other two members; Hon. Justice J.B. Egele and Hon. Justice Sannusi Shehu, agreed with the submissions by Prof. Osipitan
Penpushing reports that the tribunal overruled Adebutu’s lawyers, led by Chief Goddy Uche (SAN), saying that the application filed by the Governor’s lawyers was not the kind of application that the constitution requires to be determined at the end of proceedings in judgment.
The tribunal relying on relevant provisions of the constitution held that only applications that challenge the tribunal’s jurisdiction or the competence of a petition will be deferred till judgment whereas the application filed by Governor Abiodun’s lawyers was not that kind of application.
Penpushing further reports that the tribunal also held that the reply by Adebutu and Peoples Democratic Party (PDP) was incompetent for multiple reasons, and identified some paragraphs which contained unnecessary and repetitive allegations, others, which contained arguments and legal conclusions (which are not allowed in replies), and some paragraphs which were an improper expansion of the petition earlier filed.
The tribunal noted that in their petition, Adebutu and Peoples Democratic Party (PDP) alleged that Governor Abiodun and All Progressives Congress (APC) committed corrupt practices during the gubernatorial elections.
Penpushing also reports that the tribunal noted that vote buying is a specie of corruption and that if Peoples Democratic Party (PDP) and Adebutu truly believed that All Progressives Congress (APC) engaged in vote buying, the petitioner ought to have included those allegations in their petition from the start, which they did not do.
The tribunal pointed out that if the reply filed by Adebutu and Peoples Democratic Party(PDP) was permitted, there was a risk to prejudice, surprise, or even shut out Governor Abiodun and All Progressives Congress(APC) on the issues raised in that reply.
Penpushing reports that the tribunal denounced Adebutu and the Peoples Democratic Party (PDP) for coming up with the vote-buying allegation only after All Progressives Congress (APC) and Governor Abiodun had done same against them.
The tribunal with this backdrop unanimously concluded that Governor Abiodun and All Progressives Congress (APC) would be prejudiced if the reply filed by Adebutu and Peoples Democratic Party (PDP) is allowed.
Penpushing further reports that the tribunal held that when Governor Abiodun and All Progressives Congress (APC) filed their defence, they joined issues with Adebutu and Peoples Democratic Party (PDP); that by joining issues, the parties fixed the dispute; and that it was improper to go outside those issues in the reply.
The tribunal in the ruling also found that it was unnecessary to file a reply in the circumstance, as held in several decisions of the Supreme Court and the Appeal Court, hence, the reply was accordingly struck out.
Penpushing also reports that with this ruling, only the allegation of vote buying made by Governor Abiodun and All Progressives Congress (APC) against Adebutu and the Peoples Democratic Party (PDP) would be entertained by the tribunal.
Meanwhile, Jelili Owonikoko (SAN), represented the Independent National Electoral Commission (INEC), while the All Progressives Congress (APC) team was led by Chief Onyeazu Ikpeazu (SAN), while it is recalled that Adebutu and Peoples Democratic Party (PDP) leaders in Ogun State have been charged for the offence of vote buying by the Nigerian Government.
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