2015 Election: Aeroland Battles Yayi At Tribunal

segun adewale

Segun Adewale

Henry Ojelu

The People Democratic Party, PDP candidate for the Lagos-West Senatorial election, Mr Segun Adewale, popularly known as Aeroland, has asked the Election Petition Tribunal sitting in Ikeja to nullify the declaration of Senator Solomon Olamilekan Adeola a.k.a. Yayi of the All Progressives Congress (APC) as winner of the 28 March, 2015 election.

In his petition before the tribunal presided over by Justice Sylvanus Oriji, Adewale alleged irregularities in the conduct of the election, adding that the results submitted by wards did not correspond with the number of voters accredited by the card readers.

He also alleged that election did not hold in some wards among other irregularities.

Segun Adewale
Segun Adewale

However, moving a preliminary objection filed by APC, Dr Muiz Banire contended that the petitioner does not have the locus standi to institute the action.

Muiz Banire argued that the petitioner did not specify the law under which he brought the petition and also failed to state the votes scored by the candidates.

“By provision of Electoral Act, the petitioner is expected to specify the scores of all the candidates in the election. He only specified his own score and that of APC candidate which is respondent.”

Banire cited the case of Ikeh Vs Njoke 9 NWLR Pt 59A at page 263 and emphasized that Adewale’s failure to do that eroded  the validity of the process, adding that where such happens, the petition becomes incompetent and urged the court to discountenance it.

Moving a similar preliminary objection, Yayi through his lawyer urged the court to dismiss the petition on the ground that it lacked merit.

Solomon Olamilekan
Solomon Olamilekan

Yayi contended that there was a material contradiction with the petitioner’s prayer asking the court to declare him as winner whereas he claimed that the election was marred by irregularities.

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He further contended that it was wrong for Adewale to ask the court to declare him winner  in an election he claimed was marred by irregularities.

On his eligibility to contest the election, Yayi argued the eligibility to contest an election is a pre-election matter and does not fall within the jurisdiction of the tribunal.

Counsel to INEC, Kunle Abass also aligned himself with the argument of APC and Yayi and stated that the petition is fundamentally defective as the list of witnesses and other accompanying documents were not properly signed.

Abass asked the court to strike out the petition on that basis, arguing that the defect is a fundamental issue and not a technical matter.

Responding separately to the three submissions, Adewale’s lawyer, Dr. Yemi Oke insisted that the petition was properly brough before the court with clear demands.

He stated that the list of witnesses and documents accompanying the petition was personally signed by him and urged the court to discountenance the arguments of the respondents.

Dr Oke also insisted that his client has the right to institute the petition, saying that there was no ambiguity in his claims.

He subsequently urged the court to disregard the preliminary objection which he claimed were meant to frustrate the matter from being decided on merit.

The matter which was adjourned on Monday till Tuesday was again adjourned on Tuesday till Friday.

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