The Peoples Democratic Party (PDP) and All Progressives Congress (APC) have disagreed over the admissibility of an Appeal Court judgment in the ongoing petition before the Ondo State governorship election petition tribunal.
The contention followed the APC and its candidate, Governor Lucky Aiyedatiwa’s, attempt to tender in evidence the judgment of the Akure Division of the Appeal Court at the resumed sitting of the tribunal on Saturday.
The Appeal Court delivered its judgment on January 28, which dismissed a pre-election appeal filed by the PDP and its governorship candidate, Agboola Ajayi.
The appellants had challenged the judgment of the state High Court, which held that Mr Aiyedatiwa and his running mate, Olayide Adelami, were qualified to contest the November 16, 2024, governorship election.
The PDP and Mr Ajayi had held that Messrs Aiyedatiwa and Adelami were ineligible to contest the election on the grounds the latter presented an alleged forged certificate.
The lead counsel to APC at the tribunal, Tayo Oyetibo (SAN), argued that the petitioners, PDP and Mr Ajayi, had caused a constitutional impediment by filing an issue of disqualification in its grounds in the petition when an Appeal Court decision had struck it out.
“ There is a constitutional impediment created by them, the PDP, and not by us. It will be a sheer waste of judicial resources to open a trial on this matter. If we proceed, it means we are not obeying the Appeal Court verdict.
“Relying on Section 287 Sub-Section 2 of the Constitution of the Federal Republic of Nigeria 1999 as amended, there is nothing to execute here.
“ It is more annoying repeating the same thing here after losing in the Appeal Court. We should not allow the petitioners to convince the tribunal to disobey the constitution,” he said.
The APC’s counsel added that it would either be that the petitioners withdraw their petition or wait for the outcome of their appeal at the Supreme Court.
Earlier, the PDP’s counsel, Bankole Akomolafe (SAN), withdrew one of their reliefs calling for a fresh election but left that of disqualification of the APC candidate and his running mate, accused of certificate forgery, in the petition.
Mr Akomolafe, who responded to the application of the APC, posited that the cited section of the constitution should not be read in isolation.
He said that the tribunal was bound, stating that he did not envisage any stay of proceeding.
The counsel to the PDP cited sections 285 and 286, which empowered the tribunal to allow all objections and issues raised for consideration.
The chairman of the panel, Justice Benson Ogbu, said the tribunal would rule on the application at its final judgment. He adjourned the sitting to February 20 for the hearing.
The opposition parties and their candidates filed five petitions before the tribunal, including the PDP, whose candidate, Mr Ajayi, came second in the November 16, 2024, governorship election.
The Justice Ogbu-headed election petition tribunal thus concluded the hearing of all interlocutory applications and replies by all counsel in the pre-hearing session of its proceeding.
(NAN)
