Tribunal dismisses APC’s petition against Ekiti PDP senator’s election

The election petitions tribunal in Ekiti State, on Tuesday, threw out a petition filed by the All Progressives Congress (APC) candidate in the Ekiti South senatorial election, Mr Anthony Adeniyi, against the victory of Peoples Democratic Party’s (PDP’s) Mrs. Abiodun Olujimi in the last general election.

The tribunal, in a unanimous judgment delivered by a member of the three-man panel, Justice P.A. Obayi, held that Olujimi was not a public officer in the employ of the Federal Government as claimed by Adeniyi in his petition.

The tribunal, in throwing out the petition for lacking in merit, said the evidence before it showed that Olujimi was a non-executive member of the NCC board on part-time basis and was not employed in the public service of the federation as claimed by Adeniyi.

According to the panel, the PDP senator was not a public servant as envisaged in the First Schedule of the 1999 Constitution (as amended) and held that from the evidence adduced before it, it came to a conclusion that Olujimi was never a staff member of NCC.

According to the panel, the evidence before it that Olujimi was not in the employ of NCC was ‘iron cast and rock solid,’ saying having resolved the first issue for determination, the second question of whether the first respondent (Olujimi) resigned her appointment as a board member of NCC did not arise.

Justice Obayan held that having been proven not to be in the public service, the second question had become academic, speculative and theoretically serves no purpose, saying “the petition lacks merit and it is accordingly dismissed.”

Adeniyi, who was the first petitioner, had claimed that Olujimi did not resign from office as board member of the NCC within the time allowed by law before the conduct of the election.

Adeniyi, in reaction to the judgment, said the tribunal did not consider some of the evidences he had presented and said he would challenge it at the Court of Appeal.

He said: “I’m heading for the Court of Appeal. Our grouse is that we made extensive submissions on the status of the woman but the tribunal in its wisdom did not consider it.”