Ekiti State Election Petitions Tribunal sitting in Ado Ekiti has reserved judgement in the case instituted by the Social Democratic Party, SDP and its candidate Chief Segun Oni challenging the election of Governor Biodun Oyebanji of the APC in the last governorship poll.
The Chairman of the Tribunal, Justice Wilfred Kpochi announced this after listening to the final written addresses of counsels at the resumed hearing of the dispute arising from the election.
Counsel to Governor Biodun Oyebanji, Professor Kayode Olatoke SAN, urged the court to dismiss the case since the petitioner has failed to proof that the election did not comply substantially woth the electoral act.
Professor Olatoke told the tribunal that one of the witnesses of the petitioner admitted during cross examination that the Deputy Governor, Monisade Afuye was qualified to context for the election since it was only INEC that has the power to disqualify candidates on any issue.
The Ekiti Governor’s counsel who sighted various court authorities to butress his argument said the petitions of SDP and its candidate were bound to fail and asked the three member tribunal to strike out the case at no cost.
Also, Counsel to the APC and former Attorney General of the federation, Chief Akin Olujimi SAN avered that since the petitioners abandoned the basis of the case in their final written addresses, the petitions could not stand and should be subsequently strike out for want of diligent prosecution.
Chief Olujimi said the petitioner failed to establish that the party did not have a candidate as such ground was clearly abandoned by SDP and its candidate in their written addresses.
Similarly, Counsel to Governor Mai Mala Buni of Yobe state, Mr Shuaibu Aruwa SAN said the petitioner erred in law by joining a sitting Governor as a respondent in the case as against the constitution of Nigeria
Also the Independent National Electoral Commission, INEC through its counsel, Mr Chris Onwugbonu aligned with the submission of respondent’s counsels by urging the tribunal to dismiss the petition.
In a reaction, Counsel to former Governor Segun Oni and SDP, Mr Owoseeni Ajayi made an oral application to amend some paragraphs flawed with mistakes in the written address due to typographical errors.
But all the respondent’s counsels vehemently opposed the oral application with an argument that it was not filed properly in pursuant to paragraph 47 of the fourth schedule of the electoral act.
Mr Ajayi in his defence urged the court to nullify the election of Biodun Oyebanji and declare the candidate with second position the winner since there are irregularities in the certificate of his Deputy and was not validly nominated by the leadership of APC.
The tribunal Chairman, Justice Wilfred Kpochi however held that the ruling on the oral application would be delivered on the day of judgement which would be communicated to parties through their representatives.
He thanked the counsels, parties and members of the public for thier cooperation.
