The Election Tribunal sitting in Ikeja on Tuesday fixed July 6 to hear the application of the People’s Democratic Party (PDP) Governorship Candidate, Abdulazeez Adediran (A.KA. Jandor) Seeking an extension of time to bring more witnesses.
The three member tribunal headed by Justice Arum Ashom, ordered that Jandor’s counsel, Clement Onwuenwunor (SAN),
serve the respondents’ counsel and they should give their responses by Wednesday.
Earlier, Jandor’s counsel in his application dated July 2 and filed on July 4, had prayed the tribunal to extend his time to be able to bring more witnesses in the interest of justice and fair hearing.
According to him: “The petitioner has the right to bring any application that can sustain this petition and is pertinent to this proceedings.
“In the pre-hearing report, your lordships were magnanimous to give us four days and the fourth day has not even been spent yet.
“We sought an extension of time in our application today and no one can constrain your lordship to any particular action,”
The Independent National Electoral Commission (INEC), Adetunji Oyeyipo (SAN), in his response urged the tribunal to close Jandor’s case.
Mr Oyeyipo said that he did not see any reason for the extension of time as the application was unmerited.
“It is obvious that it is until the petitioner gets the answer to what he wants, he will continue to fish for evidence.
“Granting them another day means that the tribunal will grant us some days to respond and the tribunal does not have the luxury of time.
“We urge the court to close the case of the petitioner today,” he said.
Counsel to Governor Babajide Sanwo-Olu and his Deputy, Obafemi Hamzat, Benjamin Nwosu, also aligned with INEC’s position that Jandor should close his case.
Mr Nwosu said Paragraph 18 sub 10 of the Electoral Act could only be modified upon application to the tribunal.
According to him, there was no application to modify the pre-hearing
report.
“All applications must be heard during pre-hearing session.
“The business of the day is continuation of hearing and it should be noted that the petitioners have called all their witnesses and they do not have any pending application to call more witnesses.
“What the petitioner is seeking to do is unknown to electoral practice and the law is right that proceedings in election tribunal are strictly time bound.
“We therefore urge your lordships to close the petitioners’ case and to discountenance their application as being an abuse of the process of the court,”he said.
Counsel to the All Progressive Congress (APC) Mr Norrison Quakers (SAN), also told the tribunal that the application was not ripe for hearing.
According to him: “The rule says that the petitioner shall have three days to prove their case and shall not go beyond four days.
“My question is what is the nature intervening this application?
“Is it seeking to amend the petition? as the application having being served on us also require our responses which will take days to respond.
“Our humble application is that this application is not ripe for hearing. We need time to respond but it must not go beyond today,”
Counsel to Labour Party’s (LP) candidate, Gbadebo Rhodes-Vivour, Folagbade Benson, however, left it at the discretion of the court.
“Lagos is watching, Nigeria is also watching.
“The petitioner has brought an application and the tribunal had not heard it.
“I leave it at the discretion of the court,” he said.
LP’s counsel, Idowu Benson also left the decision at the discretion of the court.
The tribunal had earlier discharged the subpoenaed witness from the West African Examination Council (WAEC) after the petitioner’s counsel sought to withdraw the subpoena issued by the court.
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