Mimiko wins round one as Ondo tribunal strikes out CPC, Accord Party’s petitions
The Election Petition Tribunal sitting in Akure, the capital city of Ondo State, has dismissed the petition filed by Accord Party’s candidate, James Ojo, on the basis that a similar legal action has been filed at the Court of Appeal.
Similarly, the tribunal struck out that of the Congress for Progressive Change, CPC‘ s candidate, Olusoji Ehinlanwo, against the election of Governor Olusegun Mimiko.
The three-man tribunal also struck out the name of the People’s Democratic Party, PDP, from the petition filed by its governorship candidate, Olusola Oke.
The case with Accord
The tribunal, in the five-hour ruling, stated further that the petition filed by the Accord Party Candidate was struck out on the basis that it lacked the basic requirements as contained in the 2010 Electoral Act as amended.
The Chairman of the Tribunal, Justice Andovar Kaka’an, said since Accord Party flag bearer had filed an action before the Federal High Court sitting in Akure, the petition before the tribunal amounts to an abuse of court processes.
The CPC is out
The petition of the Congress for Progressive Change also suffered similar fate as the tribunal ruled that the party’s candidate failed to give necessary information that qualifies him to contest the election and file any petition before it.
It also held that since Mr. Ehinlanwo had agreed that he scored less than one per cent of the total votes cast in the election, it would be difficult for his petition to stand.
The tribunal held that “The petitioner is a day dreamer and the petition is a huge joke, since he has no petition against other political parties that participated in the election, how does he realise his dream of becoming the governor.”
Apart from this, the tribunal also struck out the petition which was filed by the PDP candidate on the premise that the petition was signed by an unrecognized party official.
The tribunal also ruled on the application brought by Wole Olanipekun, counsel to Mr. Mimiko of the Labour Party, that the PDP had resolved not to challenge the result of the election and that the person that signed the petition on behalf of the party was not recognised, the tribunal held that Chris Omosuyi that signed the petition lacked the power to do so.
It held that the constitution of the PDP did not recognise the office of Director of Organisation, which Mr. Omosuyi claimed to be occupying.
Mr. Kaka’an said, “Omosuyi is an impostor in this matter, he is just an employee of the PDP and the constitution of the party does not recognise the office of Director of Organisation that he claims to be occupying”.
The tribunal in the five-hour ruling also struck out the substantive part of the petition filed by Mr. Oke on the ground that they are vague, speculative, generic, imprecise and pre-election matters.
The tribunal noted that the affected paragraphs made serious allegations against some people that could not be established.
The tribunal has, however, adjourned hearing on the ACN’s petition and the remaining part of the PDP’s to Wednesday.
Culled from Premium Times
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