A Federal High Court sitting in Akure, the Ondo State
capital has fixed June 2, for the hearing of the motion filed by the candidate
of the Peoples Democratic Party, Chief Adewale Kukute.
Adewale is seeking to join the earlier suit filed by the Labour
Party (LP) over the inconclusive bye-election in Ilaje/Eseodo federal
constituency.
The court, presided over by Justice Isiaka Sanni also fixed June
12 for the hearing of the suit that is seeking the declaration of the LP
candidate, Mr Kolade Akinjo as the winner of the inconclusive election. The court will also rule on the preliminary objection filed by the Peoples
Democratic Party (PDP) and the Independent National Electoral Commission (INEC)
praying it to dismiss the LP suit on the fact that it lacked jurisdiction over
it.
The ruling Party had filed a suit before the court seeking a “declaration
that a returning officer has no power under the law to declare a National
Assembly election inconclusive after the conduct of election, counting of votes
and collation of the results of the election”
The Party through its counsel, Mr Dayo Akinlaja SAN had sought
the declaration that the INEC and the Returning Officer, Prof Babatunde Adeyemi
acted illegally by declaring as inconclusive the House of Representatives
election for Ilaje/Eseodo federal constituency held on April 5 instead of
formally declaring the candidate with the number of highest votes as the winner
of the said election.
Besides seeking the order to declare the LP’s candidate the
winner of the election having scored the highest number of votes, the party
also sought the order preventing INEC and the Returning Officer from conducting
supplementary election in respect of the vacant seat.
But the INEC and the opposition PDP through their
counsel, Chief Olusola Oke and Don Umeolo had filed a preliminary objection to
the suit of the LP. When the case came up for mention, counsel to Kukute, Mr
Yinka Orokoto who appeared with five other lawyers asked the court to join him
as a party in the suit.
Oke and Umeolo said they had no objection to the PDP’s
candidate joining the suit, but counsel to the LP, Mr Ibukun Fasanmi said he
had objection to the suit. Oke told the court that the PDP was ready for the
quick dispensation of the suit and nothing should be done to delay it.
Supporting the position of Oke, INEC Counsel said the court can
order the party or parties to be joined in any suit and would not be opposing
the motion.
However, Fasanmi said he was served with the motion
last week Thursday and needed seven days within which to respond to it.
In his ruling, Justice Sanni fixed June 2 for the hearing of the
motion for joiner and June 16 for the hearing of the substantive suit.
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