The Court of Appeal, sitting in Ibadan, on Friday, dismissed the petition filed by former Majority Leader of the House of Representatives, Mulikat Akande-Adeola, against the victory of the Labour Party (LP) candidate in the March 28 National Assembly election, Segun Ogunwuyi.
Akande-Adeola contested the election on the platform of the Peoples Democratic Party (PDP).
The Election Petition Tribunal had earlier dismissed her petition challenging Ogunwuyi’s victory in Ogbomoso North, Ogbomoso South and Oriire Federal Constituency. To the Appeal Court, the tribunal was right in dismissing her petition for failure to apply for pre-hearing session within the time prescribed by the Electoral Act 2010 (as amended).
To Justice Mudasiru Oniyangi, who delivered the judgement on Friday, the petition was dead on arrival and could not be resurrected, as all the seven issues raised by the appellant were resolved against her. He held further that once a petitioner is served a respondent’s reply to the petition, petitioner’s time to apply for pre-hearing session begins to run immediately. According to the judge, “the petition in this case is dead on arrival and cannot be resurrected.”
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