The Ogun State Local Government Election Petition Tribunal sitting in Abeokuta has dismissed all 12 election petitions filed by the New Nigeria People’s Party (NNPP), seeking to declare the chairmanship seat for 11 Local Government Areas in the election held on Saturday, July 24, 2021 null and void.
The NNPP had dragged the Ogun State Independent Electoral Commission (OGSIEC), All Progressives Congress (APC) and the elected Chairmen in 11 Local Government Areas which included, Yewa South, Yewa North, Ado-Odo/Ota, Ewekoro, Ifo, Abeokuta North, Obafemi-Owode, Imeko-Afon, Odeda, Ijebu North, as well as the Councillor of Ward 14 (Imala) Abeokuta North (as second and third respondents respectively) to the Tribunal.
The petitioner prayed the Tribunal to among others things, determine and declare, that the 11 Chairmen and Imala ward 14 Councillor were not duly elected and should not have been returned, therefor should issue an Order directing the first respondent, OGSIEC to withdraw the Certificates of Return issued to the elected officers or in the alternative, issue an order for a fresh election in all the polling units mentioned in the petition.
In their separate Notices of Preliminary Objections filed before the Tribunal, OGSIEC contended, among other grounds that the petitions filed, were not competent, in that they were status barred, having been filed outside the time prescribed by the Electoral Law of Ogun State 2006, while the second and third respondents, having entered conditional appearance on October 25, 2021, prayed the Tribunal also for an Order striking out the various petitions on the ground of incompetence, to wit non-compliance with the provisions of the Electoral Law of Ogun State, 2006 and the First schedule of the Electoral Act.
Delivering the judgement, in six of the Petitions, the Chairman of Panel B of the Tribunal, Otunba Rotimi Onafadeji, maintained that the petitioner failed to file its petition within 14 days as stipulated in Section 86 of the Electoral Law of Ogun State, 2006 as amended.
According to Onafadeji, “It is the considered view of this Tribunal that the petitions were not initiated by due process of the law, no matter how well couched or the likelihood of its merit. We therefore, hold that this petition having not being initiated within the time allowed by the Law under Section 86 of the Electoral Law of Ogun State, 2006 is incompetent and thus, not competent to entertain same”.
The Tribunal held that time was of essence in dealing with election matters, as the spirit of various laws relating to election petition, was that, as much as possible, petitions should be given expeditious adjudication to enable the parties know their position, the society know the result of the election in which they have voted, as such, the Preliminary Objection on the sole issue formulated succeeds and consequently, the petition dated August 10, 2021 but filled on October 22, 2021 is hereby dismissed and awarded N25,000 in favour of each of the respondents.
Reacting to the Ruling, OGSIEC’s Chairman, Mr. Babatunde Osibodu said the ruling was a good omen for the Commission , adding that results of the 2021 Local Government elections held on July 24, 2021 was declared and announced immediately, and the Chief Judge of the State expeditiously set up Election Tribunal, in order to ensure compliance with the Electoral Law of the State which prescribes that all petition must be filed within 14 days of declaration of the results, which the petitioner failed to comply with
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