31st July, 2015
Abiodun Onafuye/Abeokuta
Efforts by Governor Ibikunle Amosun of Ogun State and the All Progressives Congress, APC to stop the application of the candidate of the People’s Democratic Party, PDP in April 11 governorship election in Ogun state, Prince Gboyega Nasir Isiaka, GNI, was on Thursday turned down by the State Election Petition Tribunal.
The application seeking an order of the court to have unfeathered access to materials used in the last governorship election in the state was consequently granted as prayed.
Chairman of the three man panel, Justice Henry Olusiyi while delivering his ruling on Thursday said the application has considerable merit, adding that, “it succeeds and hereby granted”.
Olusiyi also held that Dr. Olumide Ayeni, counsel to the governor, Ibikunle Amosun, failed to show to the court how granting the application would be prejudice.
Moving the application dated 10th July, 2015 which was brought pursuant to section 77 (1) of the Electoral Act, 2010 as amended, counsel to the petitioner, Dr. Funminiyi Abiodun Adeleke said the document being sought would assist in the determination of the substantive petition before the court.
He said granting the application would be in line with the fundamental human right to fair hearing by the petitioner and would further strengthen the will of justice.
Opposing the application, Ayeni argued that the application was grossly incompetent and that the tribunal lacks the jurisdiction to entertain it and should be struck out.
Ayeni also described the application as a fishing expedition for evidence and an utter and complete ruse calculated to pull a wool across the eyes of the tribunal by misleading it.
He further explained that all the documents being sought for have been in the custody of the petitioner as demonstrated by the available information before the court.
While granting the application, Justice Olusiyi said the lone issue for determination was resolved. “Counsel to the 1st respondent failed to show how granting the application would prejudiced him. There is considerable merit in the application, it succeeds and hereby granted,” Olusiyi said.
The Chairman also directed that representatives of the 1st and 2nd respondent should be available from the beginning to the end of the inspection, adding that, the petitioner has only seven days to complete the exercise.
Earlier, the tribunal also struck out two preliminary objections filed by both Amosun and APC for lack of merit.