Thursday 22 May 2014

Court fixes June 2 For PDP Motion Over The Ilaje/Ese-Odo poll

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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