Akoko Reps Seat: Tribunal to Deliver Judgment

The chairman election petition tribunal sitting in Akure, Ondo state, Justice Rose Soji has concluded all arrangements in delivering a judgement on petition filed by People Democratic Party and its candidate Arc. Gbenga Kolawole against the victory of All Progressive Congress APC and its candidate Mr. Adegboyega Adefarati for Akoko South West/South East Federal Constiency of Ondo State. 

At the final address on Tuesday afternoon 11th July 2023, the counsel to All Progressive Congress APC, Barr. Olajide Ajana SAN and the counsel to the first respondent Barr. Olusola Oke represented by Barr. Yinka Orokoto appeal to the honorable tribunal to dismiss the case as its lack what he described as "simple merit". 

Barr. Ajana stated that the case is very narrow, he noted that the major argument in which the PDP and its candidate Mr. Gbenga Kolawole based their argument on, is the absence of "Stay of Execution" which has been taken care of by "Notice of Appeal" tendered by the first respondent. He however tells the honorable tribunal to dismiss the case. 

Barr. Orokoto said that the case is too narrow and weightless as the appelate courts; Appeal court and Supreme court had already set asides the judgement of the lower court which voided the primary election of the first respondent. And as such, no arguments or petition should be based on that. He therefore begs Justice Rose Soji to dismiss Mr. Gbenga Kolawole petition.

The counsel to the Independent National Electoral Commission (INEC), Barr. O.C Oke tells the honorable tribunal that the high court judgement is a consent judgement that does not even exist in the first place and as such the case should be dismissed. 

Counsel to PDP, Mr. Tolu Babaleye fauted the arguments of other counsels and appeal to the honorable tribunal to deliver a "Racaslity judgement", a judgment that stepped on toes with aim that, nobody is above laws.

Babaleye who expressed shocked and disappointment in some statements personally credited to his colleagues equating Notice of Appeal with Stay of Execution as an aberration that is, a deliberate intention to deviate from legal truths. 

Babaleye noted that in other not to lay a bad precedence and as such justice must be served appropriately. He noted that as at 25th of February when election for Akoko South West/South East Federal Constiency was held, the judgement of high court still remained a legal binding and law that needed to be obeyed by all parties. 

"The election matters are distinct. It is an aberration to compare election matters with land and marriage matters. They are not related. Election matter is a class on its own and it should be treated as such that is why time table is being released by INEC. The time table itself is a law that can't be bridged by any party". Barr. Babaleye said. 

He appeals to justice Rose to void the election and nullify the candidacy of the first respondent Mr. Adegboyega Adefarati, withdraw his certificate of returns and issue same to PDP and its candidate Mr. Gbenga Kolawole. Babaleye said, this remains the only way to serve justice, set good precedence for future and a good reform in our electoral system. 

The chairman of the panels, Justice Rose Soji however adjourned the seating and the judgement to a day to be communicated to all the parties. 

Other members of the panel include Justice Aliyu Bapa and Justice Frank Onyiri.