Ekiti Tribunal Strikes Out APC Motion

Chairman of the Ekiti State Governorship Election Petitions Tribunal, Justice Mohammad Sirajo, on Wednesday, at the Ado-Ekiti High Court, struck out a motion exparte filed by the All Progressives Congress, APC, on the governorship election that took place on June 21, 2014, which was won by the candidate of the Peoples Democratic Party, PDP, Ayo Fayose.

Fayose was declared winner of the poll by the Independent National Electoral Commission, INEC, beating the incumbent governor, Kayode Fayemi, who was also candidate of APC for the election.

Fayemi accepted the defeat, but his party claimed there were irregularities in the election, especially with the use of the military for the poll by the Federal Government.

At the Tribunal on Wednesday, Justice Sirajo said the motion exparte was struck out after it was withdrawn by the applicant’s counsel, Kabir Akingbolu, who appeared with MO Balogun and Christain Okoh.

Justice Sirajo ruled that, “upon hearing the motion exparte filed on 11/07/14 together with the Affidavit in support deposed to by Ibrahim Abolusodun, before the tribunal and written addresses on the same date, and after hearing Kabir Akingbolu with him M.O. Balogun and Christain Okoh, the motion exparte dated 11th of July, 2014 and filed the same date having been withdrawn by learned counsel for the applicant, is hereby struck out.”

The motion exparte was brought pursuant to Section 151(1) and (2) of the Electoral Act, 2010 (as amended) and Paragraph 47(1) and (2) of the First Schedule of the Electoral Act, 2010 and under the inherent powers of the tribunal. Akingbolu had submitted that the motion had been overtaken by events since the applicant had filed the substantive petition before the tribunal.