The Election Petition Tribunal in Osogbo on Thursday reserved ruling for next Monday on the 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 proceeding in the Governorship petition pending the determination of the appeal court on the tribunal ruling which rejected Adrian forty 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 is vitiated by paragraph ten of the Practice Direction, he has 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 is of high authority derived from the constitution, according to him since paragraph 50 of the first schedule of the electoral Act as provided said that the practice direction and procedure of the tribunal shall be similar to the exercise of the federal high court civil procedure rules which provides for stay of proceedings, the paragraph 10 of the practice direction should not constitute encumbrance to the interlocutory application by the petitioner.
Citing various Judicial 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 will find it difficult to proceed with the case since other witnesses he will lead are dependent on the evidence of Adrian Forty that the tribunal had rejected.
Noting that substantial justice will not be done to the petitioner’s case if the interlocutory application is refused, Mr Awodein SAN urged the tribunal to grant the application as necessary steps have 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 Mr.Kola Awodein on the powers of the Practice Direction.
Yusuf Alli SAN, who fortified his submission with various Supreme Court decisions argued that it is the law that where any express provision conflicts with the Practice Direction the conflict should be resolved in favour of the Practice Direction.
According to him the Practise Direction enjoys constitutional flavour and the tribunal could only make recourse to the Federal high Court civil procedure rule where there is a lacuna in the Practice Direction and the Electoral Act.
He therefore maintained that since paragraph 10 of the Practice Direction is unequivocal on the rejection of the interlocutory application on election matters, it will amount to gross error to make recourse to the Federal High Court Civil procedure rule by the tribunal in considering the petitioner’s application and urged the tribunal to hold that the application lacked merit.
Counsel for the police, Honourable Niyi Owolade the State Commissioner for Justice and Counsel for INEC Mr.Joe Gadama also opposed the application and urged the tribunal to dismiss it as unmeritorious.
