Ogun tribunal begins sitting, as INEC raises jurisdiction questions

KUNLE IDOWU, Abeokuta

The Ogun State Governorship Election Tribunal sitting in Abeokuta, the state capital, yesterday, began a pre-trial process in the two petitions pending before it, while it plans to start the real proceeding today.

The pre-trial was, however, greeted by protests from some counsel in the court, even as the chairman of the 3-man panel, Justice Henry Olusiyi, said cases before him were time bound and as such, he would not allow any further waste of time by any counsel in the case.

At yesterday’s proceeding, the lead counsel to the Independent National Electoral Commission (INEC), Olushina Sofola (SAN), raised an objection, challenging the jurisdiction of the court in hearing the substantive petitions before it.

The electoral body, which filled two applications challenging the jurisdiction of the court, argued that the petition filled by the Peoples Democratic Party (PDP) and its candidate, Gboyega Nasir Isiaka, on the last governorship election, argued that the petition was filled before a wrong tribunal, noting that consequently, the petition should be presumed abandoned.

Sofola had raised another application asking the tribunal to entertain his application before the pre-trial as they raised jurisdictional questions.

The application is brought pursuant to paragraph 47 (1)(2) and 5 (3) of the first schedule of Electoral Act, 2010, with the applicant arguing that the two applications were based on the competency of the court and should be taken to determine whether there’s need to proceed on the petitions or not.

The INEC lead counsel explained that his two earlier applications talked on the issue of jurisdiction, stressing, “It is our submission that since the applications were on jurisdiction, they should be taken before the pre-trial and ruled upon.”

He added that it would be wrong for INEC to partake in the pre-trial stage when it was challenging the foundation of the substantive petitions, insisting that the court should rule on the issue of jurisdiction before deciding on whether there is anything to be taken to pre-trial stage.

In his own submission, counsel to the first respondent, Senator Ibikunle Amosun, Lateef Fagbemi (SAN), said he believed in the application raised by INEC, as he quoted in Psalm 12, maintaining that the foundation of the petition was being critically challenged.

In his ruling on the applications by INEC, after the counsels had engaged in heated argument for over three hours, the tribunal chairman, Justice Olusiyi, ruled that the application failed to make a good case and as such lacked merit and was consequently dismissed.

Justice Olusiyi had earlier ruled in favour of a motion on notice filled by counsel to Amosun, arguing that all interlocutory matters should be heard and taken by the chairman of the tribunal alone with the exception of other members.