The Election Petitions Tribunal hearing matters arising from the Osun State governorship election of August 9 on Thursday deferred ruling on an application by Governor Rauf Aregbesola to challenge the competence of the petition of Iyiola Omisore before the panel.
Counsel to the petitioner, Dr. Alex Iziyon , SAN, told the tribunal that the application challenging the competence of the petition should be heard alongside the substantive petition.
Iziyon said hearing the applications and the petition together would ensure speedy dispensation of justice in the case.
“We have already taken two months out of six months. You can take the applications together. I know justice will be done. Various applications, which bother on the jurisdiction of the tribunal should be taken together with the petition,” he said.
The counsel cited Paragraph 12 of the First Schedule of the Electoral Act to back up the appropriateness of his prayer.
But Chief Akinlolu Olujinmi, SAN, who appeared for Aregbesola said that the tribunal could not go ahead since the application filed before it bothered on the competence of the panel to hear the petition.
Olujinmi said that the objection raised by the petitioner challenged the competence of the petition and the petition should not be heard based on this.
Counsel to the second respondent ( the All Progressives Congress), Mr. Rotimi Akeredolu SAN, aligned himself with the argument of the first respondent.
He said that going ahead to hear the substantive case while the application challenging the petition’s competence had not been resolved would be out of order.
He argued that hearing the application on competence and the petition could be likened to hearing a petition filed out of time.
Counsel to the Independent National Electoral Commissioner, Mr. Ayotunde Ogunleye, also adopted the arguments of the respondents in the matter.
Iziyon in his reply told the panel to discountenance the argument of the respondent, describing them as “Old Testament.”
Chairman of the tribunal, Justice Elizabeth Ikpejime, after listening to the arguments of the counsels said that the panel would deliver its ruling on the application.
Ikpejime and two other justices, Vincent Ofosi and A. I. Kutigi, who are members of the newly reconstituted panel sat on the case and the tribunal adjourned the ruling to Monday, November 3.
