Osun guber poll: Tribunal adjourns hearing to October 4
By Deborah Oladejo, Osogbo
Osun State Election Petition Tribunal has adjourned its sitting to Tuesday, October 4 for the proper commencement of pre-hearing proceedings.
The adjournment followed the tribunal’s decision to give the Independent National Electoral Commission (INEC), Peoples Democratic Party (PDP), and the Governor-elect, Sen. Ademola Adeleke seven days to respond to the pre-hearing form they obtained during the day’s proceeding.
INEC had declared Adeleke, candidate of PDP as the winner of the election. Adeleke secured 403,371 votes to defeat incumbent Governor Adegboyega Oyetola, who polled 375,027.
However, Oyetola is challenging the outcome of the election.
At the sitting of the Tribunal on Monday, counsel to the All Progressives Congress (APC), Professor Kayode Olagoke (SAN), informed the court of his readiness to continue with pre-hearing session, having filed his form TF008, where issues for determination were raised.
On the request of the tribunal for advise, Olagoke suggested that the matter should be stand down for few hours for the respondents to also respond to the tribunal pre-hearing form.
However, counsel to INEC, Paul Ananaba (SAN), said the pre-hearing could not go on because he was just served with the pre-hearing form this morning, saying statutorily, they have seven days to respond.
Also counsel to Adeleke, Bamidele Abolarin and counsel representing PDP, Nathaniel Oke (SAN) also requested the tribunal to give them the required seven days to respond.
In his ruling, Chairman of the Tribunal, Justice Tertsea Kume adjourned proceedings to Tuesday, October 4.
Addressing journalists after the sitting, Olagoke said the adjournment was not out of place, but the tribunal has the power to abridge the days required for any of the parties to respond.
“We were supposed to commence the pre-hearing session this morning but unfortunately the respondents said they were served with the pre-hearing notice this morning.
“Form TF007 will inform the parties, while TF008 is the one they are going to respond to. But they said they served them this morning and for that, they have to respond. But election petition being too sui generis and time sensitive that is why we were suggesting we can take a stand down for them to fill the forms so that we come back for pre-hearing in the afternoon but they insisted on having their right.
“But in order to be fair to them, that was why the tribunal adjourned till next week for them to take their time, fill the form and come back for pre-hearing session,” he said.
Speaking on the seemingly delay tactic adopted by the respondents, he said: “When we get to the bridge, we cross it. We are all veterans in this business. You will see what will happen thereafter. It is because this one has to do with fair hearing and we wouldn’t want anyone to be asking for the proceedings to get set aside because they were not given the required number of days.”
Also speaking, Counsel to the first defendant, Nathaniel Oke (SAN) said they were in court to defend their victory, saying he was optimistic that the court will affirm their victory.
He said: “We merely deal with preliminary. We have not gotten to the level or stage of hearing proper. There are certain aspects of procedures that we need to attend to before we can now go to trial of the case proper.
“As for this morning, we are just dealing with preliminary respect of the totality of the trial of the petition.
“We are very ready for the trial; we want to defend our victory. In 2018, it went the other way but this time around, by the grace of God, they would fail.”
