19th June, 2023
By Adejoke Adeleye, Abeokuta
Ogun Governorship Election Petition Tribunal on Monday struck out a petition filed by the Peoples Democratic Party’s (PDP) candidate, Oladipupo Adebutu, on an alleged vote-buying during the March 18 election in the state.
Adebutu, on the 6th of April had petitioned the tribunal with case file EPT/OG/GOV/03/2023 challenging victory of Governor Dapo Abiodun based on alleged non-compliance to the Electoral Act and corrupt practices during the election.
The three-man panel led by Justice Hamidu Kunaza ruled on one of the preliminary applications during its pre-hearing sitting on 13th of June, 2023.
Lead Counsel of the second respondent (Abiodun), Wole Olanipekun (SAN), had filed an application challenging the petitioner’s reply dated May 22, 2023, bothering on the allegations of vote-buying by the governor during the last election.
The governor’s legal team raised issue of vote-buying against Adebutu and the PDP, in the reply to the original petition, in turn accused the second respondent (Abiodun) of same allegation of financial inducement of voters.
A member of Abiodun’s legal team, Prof Taiwo Osipitan (SAN) who argued the application before the tribunal said the petitioner had surreptitiously introduced vote-buying as a new issue and fact while responding to the second respondent’s reply.
According to him, introduction of new issue or fact in the reply was against paragraph 16 1A of the First Schedule of 2022 Electoral Act.
Osipitan said some paragraphs in the petitioner’s reply were offensive and prayed the tribunal to strike it out for being incompetent.
But the counsel to Adebutu, Goddy Uche (SAN) asked the tribunal to reject the second respondents’ application for lacking in merit, saying it was used as a delay tactic on the petition.
Uche said the second respondent in some paragraphs in the reply made allegation of financial inducement of voters by Adebutu during the March 18 governorship election, saying the petitioner merely responded to the opponent’s accusations as contained in the reply to the original petition.
He said the petitioner did not raise the issue of vote-buying in the petition ab initio.
In its unanimous ruling read by the Chairman, Justice Hamidu Kunaza, the tribunal struke out the petitioner’s reply dated May 22, 2023.
The Tribunal held that the petitioner’s reply if allowed would constitute injustice as the second respondent did not have opportunity to respond to the petitioner’s reply.
He added that a reply should not be a medium to raise new issue which was not raise in the petition ab initio.
“The petitioner’s reply dated May 22, 2023 is hereby struck out,” the tribunal held.
However, the Chairman emphasized that the ruling did not affect the merit of the petition as petition itself would be determined during the hearing stage which would soon commence.
He, however, adjourned the sitting to June 22, 2023, for another ruling.
Speaking to newsmen shortly after the ruling, a lawyer who represented the petitioner, Olumuyiwa Obanewa said the legal team would study the ruling and decide whether or not to file an appeal.