By Emegwoako C. Paschal
Mr Adegboyega Oyetola, the governor of Osun State, has requested an adjournment of his case before the Osun State Election Petition Tribunal over the results of the governorship election in the state.
This was due to his inability to serve a summons on the Resident Electoral Commissioner of the Independent National Electoral Commission to appear before the panel.
However, the plaintiff’s decision to seek adjournment was rejected by the respondents’ counsel, who urged the tribunal to dismiss the petition due to a lack of preparedness.
Mr Saka Layoonu (SAN), counsel for the plaintiff, informed the panel of a subpoena dated November 3 and filed on November 8 for service on the Osun REC, which he was to tender before the court in Form CF001, which contained certificates and other documents of the 2nd respondent, Senator Ademola Adeleke, the governor-elect and candidate of the Peoples Democratic Party.
Layoonu also stated that the plaintiffs were unable to serve the REC and asked for the case to be adjourned so that the summons could be served on the INEC’s state chief officer.
In response, Prof. Paul Ananaba (SAN), counsel for the first defendant (INEC), asked the panel to dismiss Oyetola’s petition for lack of preparedness.
Ananaba stated that the REC summoned was not named in the petition, and that the day’s sitting marked 104 of the 180 days constitutionally allotted to the panel to hear and rule on the matter.
He accused the petitioner of wasting the panel’s time and plotting to frustrate the respondents.
Mr. Niyi Owolade and Nathaniel Oke, SAN, who represented Adeleke and the Peoples Democratic Party in the matter, both agreed with Ananaba’s submission and urged the panel to dismiss the petition.
Meanwhile, in his responses to the issues raised, Layoonu stated that the plaintiff was prepared for the matter, urging the panel to disregard the respondents’ request that the case be dismissed.
He also stated that the petitioner would file INEC’s nomination form for the second respondent, as well as other relevant documents, on page 134, paragraph 69 (VI) of the plaintiffs’ petition.
He stated that it was the plaintiff’s prerogative to use the time allotted to them before the panel in any way they saw fit within the confines of the law.
The Tribunal Chairman, Justice Tertsea Kume, explained in his ruling that the tribunal issued a summons on the REC on Tuesday, which would then be served on the INEC officer.
He continued the hearing on Monday, November 21, by adjourning the case.
