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Oyo Guber: Court Dismisses Adelabu’s Ballot Papers Recount Application

(AFRICAN EXAMINER) – The Oyo State Governorship Election Petition Tribunal has dismissed an application filed by the governorship candidate of the ruling All Progressives Congress (APC) Mr Adebayo Adelabu, to recount all the ballot papers used in the March 9 election.

Adelabu and his party are challenging the declaration of the governorship candidate of the opposition Peoples Democratic Party (PDP) Mr. Seyi Makinde; by the Independent National Electoral Commission (INEC) as the winner of the poll.

Adelabu through his Counsel, Mr. Titus Asaolu, (SAN) had filed an application seeking to recount all the ballot papers used in the March 9 election.

While delivering judgement Monday, the three-man panel, chaired by Justice Sirajo Muhammed, dismissed the application, adding that it would jeopardise the respondents’ right to fair hearing.

Mohammed held that the petitioners were only challenging the result of a few Local Government Areas in the conduct of the governorship election and not all the 33 LGs of the state.

The judge held that filling an application now to count all the ballot papers used in the election would amount to amending the petitioners’ pleadings.

He ruled that the time allowed to amend pleadings of all parties has elapsed and no pleadings could be amended at this stage.

Justice Mohammed said that the petitioners were also not consistent on the date the election was conducted as they were quoting different dates in their application.

The subsequently dismissed the application and fixed Monday, June 10 for the commencement of hearing. He noted that the pre-hearing has ended./NAN

 

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