Osun: Tribunal Rules On Aregbesola’s Application Monday

15.03.2008

The Election Petitions Tribunal in Osogbo on Thursday reserved ruling for next Monday on application by counsel for Action Congress gubernatorial candidate, Mr. Rauf Aregbesola, to halt further proceedings in the petition he filed to contest the result of the last governorship election in the state.

Counsel for Mr. Rauf Aregbesola filed the motion to stall the proceedings in the governorship petition pending the determination of the Court of Appeal on the tribunal ruling which rejected Adrian Forty, a British forensic expert, from testifying for the petitioner.

The five-man tribunal adjourned the motion for ruling after counsel for parties adopted their written addresses and orally addressed the tribunal.

In his oral elucidation, the leading counsel for the Action Congress, Mr. Kola Awodein, SAN, noted that though interlocutory application in election petition was vitiated by paragraph 10 of the Practice Direction, he had made a compelling case to the tribunal to grant the motion.

He maintained that the right of the petitioner for stay of proceedings in his case was of high authority derived from the constitution, since Paragraph 50 of the First Schedule of the Electoral Act as provided says that the practice direction and procedure of the tribunal shall be similar to the exercise of the Federal High Court Civil Procedure Rules which provide for stay of proceedings. The Paragraph 10 of the Practice Direction should not constitute encumbrance to the interlocutory application by the petitioner.

Citing various legal authorities to strengthen his position, Mr Kola Awodein, submitted that the practice direction should not be given precedent over the express provision of the law, as the petitioner would find it difficult to proceed with the case since other witnesses he would be leading were dependent on the evidence of Adrian Forty that the tribunal had rejected.

Noting that substantial justice would not be done to the petitioner’s case if the interlocutory application is refused, Mr. Awodein urged the tribunal to grant the application as necessary steps that had been taken to effect accelerated hearing of the appeal on the tribunal ruling on Adrian Forty.

Lead counsel for Governor Olagunsoye Oyinlola and the PDP, Mallam Yusuf Alli, SAN, opposed the position of Awodein on the powers of the Practice Direction.

Alli, who fortified his submission with various Supreme Court decisions, argued that it was the law that where any express provision conflicts with the Practice Direction, the conflict should be resolved in favour of the Practice Direction.