In a recent ruling, the Governorship Election Petition Tribunal sitting in Abeokuta, Ogun State, has struck out the vote-buying allegations levelled against Governor Dapo Abiodun and the All Progressives Congress (APC) by the Peoples Democratic Party (PDP) and its governorship candidate, Ladi Adebutu. The tribunal, chaired by Justice H.N. Kunaza, made the decision on Monday, following a petition filed by Adebutu challenging the declaration of Governor Abiodun and the APC as the winners of the March 18, 2023 governorship election in the state.
During the proceedings, Governor Abiodun’s legal team, led by Chief Wole Olanipekun (SAN), presented weighty allegations supported by a police report, which established that Adebutu and the PDP were involved in vote buying during the elections. In response, Adebutu and the PDP filed a reply on May 22, 2023, levelling similar allegations against the ruling party.
However, Prof. Taiwo Osipitan (SAN), representing the Governor’s lawyers, filed an application asking the tribunal to strike out the entire reply or, alternatively, remove the offending paragraphs. Osipitan argued that the reply filed by Adebutu and the PDP violated paragraph 16(1) (a & b) of the Electoral Act and the rules of court pleadings.
Justice Kunaza, supported by Hon. Justice J.B. Egele and Hon. Justice Sannusi Shehu, ruled in favor of Governor Abiodun’s legal team. The tribunal overruled Adebutu’s lawyers, led by Chief Goddy Uche (SAN), stating that the application filed by the Governor’s lawyers did not fall under the category of applications that the Constitution required to be determined at the end of proceedings in judgment.
The tribunal further held that Adebutu and the PDP’s reply was incompetent for multiple reasons. The tribunal identified paragraphs that contained unnecessary and repetitive allegations, as well as paragraphs that included arguments and legal conclusions, which are not permitted in replies. Additionally, the tribunal noted that certain paragraphs expanded improperly on the initial petition.
The tribunal highlighted that in their petition, Adebutu and the PDP had accused Governor Abiodun and the APC of engaging in corrupt practices during the gubernatorial elections. Notably, the tribunal emphasized that vote buying is a form of corruption and argued that if the PDP believed the APC had engaged in such practices, those allegations should have been included in their original petition.
The tribunal denounced Adebutu and the PDP for bringing forward the vote-buying allegations only after the APC and Governor Abiodun had accused them of the same offense.
Based on these findings, the tribunal unanimously concluded that allowing Adebutu and the PDP’s reply would prejudice Governor Abiodun and the APC. The tribunal determined that by filing their defense, Governor Abiodun and the APC had joined issues with Adebutu and the PDP, thereby fixing the dispute. Therefore, it was deemed improper to introduce new issues through the reply.
Furthermore, the tribunal ruled that it was unnecessary to file a reply in this particular circumstance, citing previous decisions by the Supreme Court and the Appeal Court.
Consequently, the reply filed by Adebutu and the PDP was struck out. As a result, only the allegation of vote buying made by Governor Abiodun and the APC against Adebutu and the PDP will be considered by the tribunal.
Jelili Owonikoko (SAN) represented the Independent National Electoral Commission (INE
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