Amosun, party oppose Isiaka’s application to inspect electoral materials
Ogun State Governor, Senator Ibikunle Amosun and his party, the All Progressives Congress (APC) have opposed an application by Peoples Democratic Party (PDP) governorship candidate Prince Gboyega Nasir Isiaka seeking the inspection of the electoral materials used in the April 11, this year governorship election in the state.
Isiaka at the Election Petition Tribunal is challenging the victory of Amosun, claiming that he was the winner of the election.
At the resumed hearing, Counsel to Isiaka, Adetunji Oyeyipo (SAN) told the court that he was in court to move his application dated 10th July 2015, seeking to inspect all materials used by the Independent National Electoral Commission (INEC) for the election.
He, however, told the Tribunal that Counsel to Amosun and APC, Dr Olumide Ayeni and George Oyeniyi informed him of two preliminary objections challenging the competence of the application.
At the last adjourned date, Oyeyipo had informed the court that the application was meant to inspect all electoral materials in the April 11 election to further evidence the substantial application before the court.
Moving the preliminary objections, which were bought pursuant to paragraph 53 (5) of the First Schedule to Electoral Act, 2010 as amended, Ayeni who premised his prayers on two grounds said the petitioners failed to seek for the leave of the court for the application to be heard outside the pre-hearing session.
He also said that the application is grossly incompetent and violation of Rule 10 of Rules of Professional Conduct for Legal Practitioners, 2007 and a circular dated 12th May 2015 signed by the Chief Justice of Nigeria (CJN), Mahmud Mohammed.
He said the application was not stamped in accordance with the directive of the CJN who also doubled as the Chairman, National Judicial Council (NJC).
Oyeniyi in his own part said the petitioners have already carried out the order being sought before the court.
But in his argument, Oyeyipo urged the court to overrule the two objections as they were completely devoid of merits.
Oyeyipo argued that his application was filled within time during the pre-hearing session only for the respondents to seek for adjournment.
He further submitted that the Chairman of the Tribunal, Justice Henry Olusiyi has granted an implied leave for the application to be moved outside the pre-hearing session.
On the issue of the stamp as claimed by Ayeni, Oyeyipo argued that though the material was not stamped but the legal implication was not for the documents to be denied.
He further argued that there is no evidence before the court to state that the directive of the CJN has become operational adding that’s no evidence of such was contained in the counter affidavit.
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