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of journalism as long you don't confront people just for the
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Aregbesola’s petition stands, as court dismisses four of Oyinlola’s
application for lack of merit
By Femi Soneye

The Justice Alli Garba-led Osun State Governorship Election Petition Retrial Tribunal
yesterday dismissed all the four applications moved by Governor Olagunsoye Oyinlola
for lack of merit.

The tribunal also declared that July 10. 2009 would be the end of pre-trial conference
necessary for the determination of the petition.

When the session resumed yesterday, Chief Deji Shasegbon (SAN) who led 35 other
lawyers for the petitioner told the Tribunal that his client had filed an application to call
additional witness on June 24, 2009 to allow Mr. Paul Jobbins, the forensic expert who
would replace the late Adrian Forty testify before the Tribunal.

Shasegbon also told the Tribunal that the application had been served on all the
respondents; a claim that was confirmed by Chief Tayo Oyetibo (SAN) who led four
other Senior Advocates of Nigeria for Governor Olagunsoye Oyinlola and other
respondents. Only the counsel to INEC, Mr. Dayo Famakin-Johnson, claimed that his
clients had not been served.

Shasegbon then explained that INEC had been served and there was a proof of service
in the court file.

The Tribunal Secretary, Mr.  Andrew-Shola Okoro confirmed that INEC was served.
Consequently, Famakin-Johnson also confirmed that INEC had been served at its
Osogbo office.

Governor Oyinlola, his deputy, Erelu Olusola Obada and the Peoples Democratic Party
(PDP) had, in their prayers to the Tribunal to strike out the names of all the 17th to1360
respondents who were presiding officers during the poll.

They prayed further before the court that their names should be struck out of the petition
because they were wrongfully lumped together.

Arguing the application earlier, Governor Oyinlola’s leading counsel, Mallam Yussuf Alli
(SAN) urged the court that the presiding officers could only be joined as respondents
pursuant to an order of the court.

The presiding officers, Alli maintained, were not recognized by the Electoral Act, 2006
as parties that could be joined in election petitions.

Objecting the application, Chief Ebun Sofunde (SAN), the leading counsel to
Aregbesola explained that Alli failed to point out how Aregbesola maintained the
individuality of each of the presiding officers.

Buttressing his objection to the application, Sofunde told the Tribunal that in a portion of
the petition, Aregbesola had listed the five presiding officers for units one to five of Ward
02 in Atakunmosa West Local Government as the 17th to 21st respondents.

This, the SAN insisted, showed that the petitioner had identified each of the
respondents individually adding that though the allegations leveled against the presiding
officers were criminal in nature for which the Tribunal; lacked jurisdiction to hear, the
matter was civil in nature thereby making it possible for the Tribunal to adjudicate on it.

The second application filed by Oyinlola urged the court to strike out some paragraphs
of Aregbesola’s petition where serious allegations of corrupt practices were made
against the respondents and their agents.

Oyinlola had urged the court to hold that Aregbesola, having claimed that there were
corrupt practices had not complied with the rule of pleadings which stipulates that
pleadings must be relevant to the grounds of the petition.

Sofunde, in his reply maintained that all the authorities cited by Alli were unknown to
the Electoral Law, 2006 insisting that all the paragraphs of the petition were relevant to
the determination of the petition.

He also described the applications filed by Governor Oyinlola as a ploy to waste the
time of the Tribunal.

The third application filed by Governor Oyinlola claimed that Aregbesola filed the petition
out of time and urged the Tribunal to strike it out in its entirety.

Alli who told the court that the law recognized the presentation of the petition and not
filling of same as Aregbesola claimed in his objection to the application, urged the court
to dismiss the petition which he claimed, was filed on May 18, 2007; three days after
the time allowed by law had lapsed.

Relying on the averments in the counter affidavit, Sofunde argued vehemently that Form
TF03 relied upon by Alli in moving his application was not the evidence of filling but a
notification to the respondents that an election petition had been had been filed before
the tribunal.

Ruling, the Tribunal Chairman, Justice Alli Garba dismissed the application for lack of
merit

The INEC represented by Mr. Joe Gadzama (SAN) also filed a supporting application
and told the court that after he had scrutinized the grounds of the application, he saw
the facts as undeniable.

He also moved the fourth motion that also prayed the court to strike out the names of
the presiding officers from the petition on grounds similar to those canvassed by Alli.
Ruling yesterday, Justice Alli Garba dismissed all the four applications for lack of merit.
Justice Garba held that the authority cited by Oyinlola’s counsel that the petition was
filed out of time was a notification to the parties that a petition had been filed against
them.

The Tribunal chairman also agreed with Aregbesola’s counsel that the application was
frivolous and lacking in merit as the petition was filed within the 30 days stipulated by
the Electoral Law. 2006.

On the application that the names of the presiding officers be struck out from the
petition, Justice Garba refused to oblige the prayer by Oyinlola; s counsel and held that
the presiding officers were necessary parties that could be joined where there was
allegations made against them.

The presiding judge held that the names of the respondents as listed on the petition
were very clear and do not appear to have been lumped together.
The judge held that section 142 of the Electoral Act. 2006 allowed the petitioner to join
the presiding officers as necessary parties to the election petition.

Consequently, Justice Garba refused the application to strike out the names of the
presiding officers from the petition and fixed July 6, 2009 for hearing of the application
filed by Aregbesola to allow Mr. Paul Job bins testify before the panel.
He also ruled that July 10, 2009 would be the end of the pre-trial conference while trial in
the petition is expected to commence afterwards.

After the Tribunal had delivered its ruling yesterday, Sashegbon asked for N800,000.00
cost being N200,000.00 cost on each of the applications dismissed while Chief Tayo
Oyetibo (SAN) replied that the award of costs was at the discretion of the court.
However, the tribunal ruled that each party should bear their own costs.