There was a mild drama at the Governorship Election Petition Tribunal sitting in Ado Ekiti on Monday as the Social Democratic Party (SDP) candidate in the 20 June election, Adedayo Alade, through his counsel, Umar Abdullahi, announced the withdrawal of his petition challenging the victory of Governor Biodun Oyebanji against the party’s wish.
Another drama also played out at the tribunal during the cross-examination, as an SDP agent and witness, Toluwalope Oluwandabira, could not identify the name of the party’s flag bearer in the election. He was brought to the tribunal to give evidence in respect of the poll.
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The three-member tribunal panel, chaired by Abubakar Idris Kutigi and comprising Aminu Tukur and Maurice Okediya, struck out the petition accordingly.
The People’s Democratic Party (PDP) candidate in the election, Oluwole Oluyede, who was the runner-up, withdrew his petition in the same manner.
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During Monday’s proceedings, Umar Abdullahi, counsel to the SDP candidate and second petitioner, disclosed that he had filed a Motion on Notice dated 12 September before the tribunal, notifying it of his client’s intention to discontinue with the petition.
Confounded by the development, Adewole Adebayo, counsel to the SDP and 1st petitioner, said the withdrawal was like an ambush, having been unaware of the candidate’s decision to step aside from the case, maintaining that he won’t oppose the application, since his backtracking would not in any way impede the party from pursuing the case.
Commenting further on the abrupt withdrawal of the candidate, Mr Adebayo said the party remains unfazed, adding that “If he (Alade) stands his ground and says he wants to withdraw or discontinue, then we will have no reason to stop him. If he withdraws and decides to go home, he is free; it doesn’t stop us from continuing with the case.”
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But Adetunji Oso, counsel to Mr Oyebanji and 2nd respondent, argued that he would not oppose the application on the premise that it was undertaken in firm alignment with the provisions of the Electoral Act, 2026 and that the candidate only exercised his legal right.
In his ruling, Mr Kutigi said, “The tribunal grants the application, having considered the Motion on Notice of the second petitioner in respect of his intention to withdraw from the petition. His name is hereby struck out of the petition”.
Meanwhile, during the proceedings, the SDP, which went ahead with the case, called seven witnesses to prosecute its case after the panellists resumed from a 30-minute recess, which had been taken for the party to assemble its witnesses.
In his testimony before the tribunal, a witness, Julius Bamisaye, who raised the issue of alleged massive vote buying, said he noticed people sharing money but couldn’t ascertain precisely the amount being shared to sway voters or the actual persons responsible.
Another witness, Awoleye Samuel, revealed that, though there were skirmishes at the polling unit among contending forces, where he served as the party’s agent, he clarified that this didn’t affect the successful conduct of the election.
In the petition filed by the Action Alliance(AA), the party’s Chairman and the State Collation Agent, Sunday Ajayi, during cross-examination, stated that he was not issued any appointment letter to oversee the election, but claimed that he got the mandate of his party to serve in that capacity, being the number one party man in the state.
READ ALSO: Ekiti Poll: Gov Oyebanji raises issues of violation of Electoral Act against SDP, AA petitions at tribunal
After calling seven witnesses, counsel for the petitioners requested a short adjournment, which was granted by the tribunal, as it was not opposed by counsel for the respondents.
At this stage, Mr Oso, counsel to Governor Oyebanji, told the tribunal to be mindful that an election petition is sui generis, and prayed the panellists to impress on the petitioners not to foot-drag and waste the time of the tribunal on this premise.
“My lord, they are hampering us. You have to tell them to present their witnesses who could give evidence based on where they worked during the election, timely. We can’t waste the time of the court.”
Petitioners not coerced to withdraw petition
Meanwhile, Mr Oso has dismissed claims in some quarters that the petitioners were withdrawing their petitions through coercion or intimidation, clarifying that the governor, who doubles as the chief security officer of the state, would not undermine, nor take action that could hinder the free operation of the tribunal to dispense justice in the matter expeditiously.
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