The Osun State Governor, Mr Adegboyega Oyetola, who’s earlier than the Osun State Election Petition Tribunal over the outcomes of the governorship election within the state, has sought the adjournment of the matter.
This adopted his lack of ability to serve a summons on the Impartial Nationwide Electoral Fee’s Resident Electoral Commissioner to seem earlier than the panel.
Nevertheless, the choice to hunt adjournment by the plaintiff was rejected by the respondents’ counsel, who urged the tribunal to dismiss the petition for lack of preparedness.
On the resumption of listening to the matter, counsel for the plaintiff, Mr Saka Layoonu (SAN), knowledgeable the panel of a subpoena dated November 3 and filed on November 8 for service on the Osun REC, which he was to tender earlier than the court docket in Type CF001, which contained certificates and different paperwork of the 2nd respondent, Senator Ademola Adeleke, the governor-elect and candidate of the Peoples Democratic Social gathering.
Layoonu additionally acknowledged that the plaintiffs have been unable to serve the REC and requested that the case be adjourned in order that the summons might be served on the INEC’s chief officer within the state.
Reacting, counsel for the first defendant (INEC), Prof. Paul Ananaba (SAN), requested the panel to dismiss Oyetola’s petition for lack of preparedness.
Ananaba mentioned the REC that was being summoned was not listed within the petition, including that the day’s sitting marked 104 out of 180 days constitutionally given to the panel to listen to and adjudicate on the matter.
He accused the petitioner of losing the time of the panel and plotting to frustrate the respondents.
Mr. Niyi Owolade and Nathaniel Oke, SAN, representing Adeleke and the Peoples Democratic Social gathering within the matter, each aligned with the submission of Ananaba and urged the panel to dismiss the petition.
In the meantime, Layoonu, in his reactions to the problems raised, mentioned the plaintiff was ready for the matter, asking the panel to disregard the decision from the respondents that the case needs to be dismissed.
He additionally mentioned on web page 134, paragraph 69 (VI), of the plaintiffs’ petition, it was acknowledged that the petitioner would file INEC’s nomination type for the second respondent and different related paperwork.
He declared that it was the prerogative of the plaintiff to make use of the time allotted to them earlier than the panel the best way they appreciated inside the provisions of the legislation.
In his ruling, the Tribunal Chairman, Justice Tertsea Kume, defined {that a} summons on the REC was issued by the tribunal on Tuesday and would subsequently be served on the INEC officer.
He adjourned the matter until Monday, November 21, for continuation of the listening to.