From Lateef Dada, Osogbo
The election petition tribunal hearing the alleged discrepancies in the July 16 governorship election in Osun State on Tuesday declined the attempt by counsel to the Peoples Democratic Party (PDP), Alex Izinyon, to move oral application for the suspension of the tribunal based on the federal high court judgment that invalidated the candidature of Governor Adegboyega Oyetola.
While the pre-hearing was ongoing, Izinyon told the tribunal that he had an application that had not been filed that has to do with the continuation of the proceeding or otherwise and urged the tribunal to allow him to move the motion orally.
He said, “if your lordship is taking judicial notice of what is happening in Nigeria. There is a judgement that says what brought us here is no longer in existence.
“Whether this proceeding can continue or not, the judgement is very important. If your lordship can allow me to move it orally and your lordship may overrule me.”
Lead counsel to the petitioners, Lasun Sanusi SAN, said the court can not be ambushed, noting that every party have the right to react to any motion by the party.
However, the tribunal directed Izinyon to bring whatever motion he has formally so that other parties can react to them.
Speaking after the proceeding, Izinyon said “we informed the court that we want to draw the court’s attention to a notice that is relating to the judgement delivered last Friday that the petitioner’s nomination having been voided, the petition can not continue in the absence of a valid petition. The judgement was not available for us to make that oral application and the tribunal ordered that we should put it formally.
“We already filed it. We have two other applications before this one. We will come forward with it on the next adjourned day,” he added.
Meanwhile, the parties had agreed to the terms of proceeding from Monday to Friday and time for witness, cross-examination and re-examination.
The tribunal led by Justice Tertsea Kume thereby adjourned till 13th October 2022 for the hearing of all applications.