Time is of essence in election petition matters, the three-man tribunal handling petitions arising from the conduct of the March 28 Oyo State National and State Assemblies elections said on Thursday as it dismissed the petition with suit number EPT/IB/NA/REP/1/2015 filed by the immediate past Majority Leader of the House of Representatives, Hon. Mulikat Akande-Adeola.
Akande-Adeola was a two-term lawmaker in the lower chamber of the National Assembly and candidate of the Peoples Democratic Party for Ogbomoso North, Ogbomoso South and Oriire Federal Constituency.
She lost the election to the candidate of the Labour Party, Ebenezer Segun Ogunwuyi.
Dissatisfied with the outcome of the election, Akande-Adeola approached the Justice James Abundaga-led tribunal, praying it to upturn Ogunwuyi’s election on the ground that he (Ogunwuyi) did not validly resign his membership of his former party, the PDP, before joining the LP where he emerged victorious.
Her lawyer, Yunus Ustaz Usman (SAN), told the tribunal that the application being sought by Ogunwuyi’s counsel, Oluwasina Ogungbade of Afe Babalola’s chamber, that he filed his reply out of time (a day late) during the pre-hearing sessions should be dismissed on the grounds that the merit of the case should be looked into and not the other way round.
Usman cited similar cases, including the general rule principle of election petition matters, to back up his stand.
He urged the tribunal to dismiss Ogungbade’s application and let the matter be decided on its merit.
Ogungbade, who is the counsel to the 1st and 2nd respondents (Ogunwuyi and Labour Party) had urged the tribunal to set aside the petitioners’ joint reply to the replies of the 1st and 2nd respondents (Ogunwuyi and Labour party respectively) filed on May 27, 2015.
He said it was filed a day outside of the period limited in paragraph 16(1) of the first schedule to the Electoral Act 2010 (as amended).
Ogungbade also sought an order setting aside the application of the petitioners dated May 28, 2015 and filed on May 29, 2015 for issuance of pre-hearing conference with the provisions of paragraph 18(1) of the first schedule to the electoral act 2010.
While also calling for the setting aside of the pre-hearing conference notice (form TF 007) dated June 2, 2015, issued by the tribunal and served on both parties, Ogunwuyi’s counsel also prayed the tribunal to dismiss the petition as abandoned for failure of the petitioners to apply for the issuance of pre-hearing conference notice in accordance with the provisions of paragraph 18(1) of the first schedule to the electoral act 2010 as amended.
The judges, in striking out the petitioner’s petition in their unanimous decision read by Justice Abundaga, held further that in an election petition, time is of essence.
They also said as judges, they were bound to interpret what the law is and not the way it should be, adding: “We are also bound by what the Court of Appeal and Supreme Court decisions were in different cases like the one at hand, especially recent court’s decision in Omisore against Ogbeni Rauf Adesoji Aregbesola.”
They therefore dismissed Akande-Adeola’s petition because the petition was filed out of time and was therefore deemed abandoned.
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