Kwara Guber Poll: Tribunal refuses to dismiss petition against Ahmed
- Peter Moses
- Jul 27, 2015
- 3 min read
The Kwara State Governorship Election Petition Tribunal sitting in Ilorin has ruled that the governorship candidate of Advanced Democratic Congress (ADC), Comrade Abubakar Abdulraheem has no case against the Independent National Electoral Commission (INEC) and the Resident Electoral Commission.
INEC and REC are the first and second respondents in the petition filed by the ADC candidate, calling for nullification of the election of Governor Abdulfatah Ahmed in the April 11 governorship election on the ground that he was unlawfully excluded by INEC.
However, the tribunal sustained the case against the All Progressives Congress (APC) and Governor Abdulfatah Ahmed (third and fourth respondents) respectively, declaring that the petitioners' application for pre-hearing notice is valid.
The petition suffered a major setback when the Tribunal chaired by Justice Maryam Bwari ruled that the petitioner had no case against INEC and REC.
The Chairman was delivering ruling in a motion filed by counsel to the first and second respondent, Bolu Agbaje urging the court to dismiss the petition saying it has been abandoned.
The INEC’s counsel argued that the petition had been abandoned by the petitioners’ counsel having failed to file a pre-hearing notice within seven days from the day they filed a reply to their earlier reply to the petition in line with the provisions of paragraph 18 (1) of the first schedule of the Electoral Act (2010 as amended).
Ruling on the motion, the tribunal concurred with the first and second respondents, saying time is of essence in election petition matter. According to the Chairman, the petitioner ought to have issued pre-hearing notice within seven days which he did not do. "The petition is hereby dismissed against the first and second respondent", she said.
However, the tribunal sustained the case against the All Progressives Congress (APC) and Governor Ahmed who are third and fourth respondents respectively, declaring that the petitioners' application for pre-hearing notice is valid.
It directed the Secretary to the tribunal to issue pre-hearing notice to the third and fourth respondents while adjourning the case to 30th July for commencement of pre-hearing session.
Commenting on the outcome of the judgment, the INEC's counsel said the petition should have been dismissed entirely.
"Well in a way the tribunal has sustained the petition against the third and fourth respondent but it is our firm view that the petition, having been dismissed against the first and second respondents, should be dismissed entirely.
Why did I say this? This is a petition that is alleging valid nomination and unlawful exclusion. It could not be visited on the 3rd and 4th respondents- that is APC and its candidate because they were nowhere to screen the petitioner".
Counsel to the petitioner, Abdullahi Salihu said despite the minor setback, he is still hopeful, saying the calculation was not properly done. According to him, they still have a case.
He said, "Our own contention is that by paragraph 18 (1), the calculation of the seven days we had to file the application ought to be counted from 26th because that paragraph provides that we should file the application within seven days after service of petitioners' reply or respondents' reply.
"In our own case we filed petitioners' reply which was served on them on 25th. So we expected that the calculation should have been after; that is starting from 26th but the tribunal ruled otherwise. Because the application was only brought by the first and second respondent; that is INEC and the tribunal also considered that our application was filed within time as against the third respondent (APC) and the fourth respondent (Governor Ahmed). So, he has sustained the petition to be continued against the third and fourth while he has dismissed it against the first and second respondents".
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