You Lack Jurisdiction to Handle Oni’s Petition,Oyebanji Tells Tribunal

Victor Ogunje in Ado Ekiti

The Justice Wilfred  Kpochi-led three-man Election Petitions Tribunal began sitting in Ado Ekiti yesterday, as the Governor-elect, Biodun Oyebanji and the All Progressives Congress (APC) filed preliminary objections  against the case instituted by Mr. Segun Oni of the Social Democratic Party.

The preliminary objections, which was dated September 1, 2022, and filed by Oyebanji’s Lead Counsel, Mr. Lateef Fagbemi (SAN), contended that the tribunal lacked the jurisdictional power to handle  the case, saying that only a High Court could handle a pre-election matter.

Oni, through his Lawyer, Obafemi Adewale (SAN), was contending the propriety of the Yobe State Governor, Mr. Mai Mala Buni, to hold sway as a governor and Chairman, APC Caretaker Committee that organised the primary that produced Oyebanji as governorship candidate.

Oni posited that it was an act of illegality for Buni to hold such position while also presiding as Yobe State’s governor, saying this contradicted the APC’s constitution that forbids elected officials from holding party positions.

The respondents adopted their respective applications through their lawyers, Mr. Lateef Fagbemi (SAN) for Biodun Oyebanji (1st) and APC (2nd) while Mr. Shaibu Aruwa stood for the Yobe State Governor/ ex-APC Caretaker Committee (3rd). Mr. Charles Edosomwan (SAN) appeared for the Independent National Electoral Commission (4th respondent).

However, Oni’s Counsel, Mr. Obafemi Adewale (SAN), said during his brief reply that the petitioner would require time to reply appropriately to the applications filed by the respondents.

During the pre-hearing briefing, Fagbemi, told the tribunal that the counsels to all the parties had met and agreed on the time to be allotted to the witnesses.

He said: “We have agreed that the examination-in-chief should take five minutes, cross examination 10 minutes and three minutes for reexamination, for each of the ordinary witnesses.

 “But for star/expert witnesses, we agreed that examination-in-chief should take 15 minutes, cross examination should take 20 minutes and five minutes for reexamination.”

Commenting on the preliminary objections filed against the petition, Fagbemi said: “We have filed our motions against the power of the court to try the case, because the petition shouldn’t have come to this tribunal in the first instance.

“We have adopted our objections and the petitioner needs time to respond in the spirit of fair hearing.”

Edosanwon, who appeared for the INEC, dispelled the accusation raised by the petitioner that the commission was allegedly obstructing justice and creating difficulty for him in the matter.

He said: “All the parties have difficulties, but that does not mean that we will stand in the way of justice. We have met and we have agreed on how these things could be surmounted.

“My commitment to work with the honourable court to make sure this matter is disposed of timeously remains guaranteed. I am committed to ensuring that the needful is done in getting all documents as required by the court.”

 Meanwhile, Justice Kpochi adjourned sitting to September 15, 2022, for the tribunal to give rulings on the pending applications.