Gov. Amosun loses bid to stop PDP candidate from challenging his election

Governor Ibikunle Amosun of Ogun State.

The Ogun State Governor, Ibikunle Amosun, and his party, All Progressives Congress on Thursday lost their bid to stop the application of the candidate of the People’s Democratic Party in April 11 election, Gboyega Isiaka, from challenging Mr. Amosun’s victory at the poll.
Mr. Isiaka had earlier filed an application before the Ogun State Election Petition Tribunal seeking an order of the court to have unfettered access to materials used in the last governorship election in the state. The application was granted.
Delivering ruling, chairman of the three-man panel, Henry Olusiyi, said the application had considerable merit.
He also held that the counsel to Mr. Amosun, Olumide Ayeni, failed to show to the court how granting the application would be prejudice.
The counsel to the petitioner, Funminiyi Adeleke, moving the application dated July 10, 2015 which was brought pursuant to section 77 (1) of the Electoral Act, 2010 as amended, said the document being sought would assist in the determination of the substantive petition before the court.
The counsel pointed out that granting the application would be in line with the fundamental human right to fair hearing by the petitioner and would further strengthen the will of justice.
However, opposing the application, Mr. Ayeni argued that the application was grossly incompetent and the tribunal lacked the jurisdiction to entertain it and should be struck out.
However, counsel to the governor and his party, described the application as a fishing expedition for evidence and “an utter and complete ruse calculated to pull a wool across the eyes of the Honourable Tribunal and mislead it.”
Mr. Ayeni explained that all the documents being sought were in the custody of the petitioner as demonstrated by the available information before the court.
Mr. Olusiyi, while granting the application, said the lone issue for determination was resolved in the affirmative in support of the applicant stating.
“Counsel to the 1st respondent failed to show how granting the application would prejudice him. There’s considerable merit in the application, it succeeds and is hereby granted.”
The chairman further declared and directed that representatives of the 1st and 2nd respondent should be available from the beginning to the end of the inspection adding the petitioner had only seven days to complete the exercise.
The tribunal had earlier struck out two preliminary objections filed by both Mr. Amosun and APC for lack of merit.