Failure to file defence against Obanikoro's petition deliberate

The Chairman of Ikoyi/Obalende Local Government Area, Lagos State, Mr. Adewale Adedeji, has said his failure to file defence to the petition challenging his election after three sittings over the matter by the Local Government Election Petitions Tribunal in Ikeja is deliberate.The petition was filed by the candidate of the Peoples Democratic Party for the LG poll, Mr. Babajide Obanikoro, seeking the nullification of Adedejis election as the chairman of the council on the platform of the Action Congress of Nigeria.Adedejis counsel, Mr. Olayinka Sofola, on Tuesday, said his client would not file any defence until the tribunal resolved the issues raised in his notice of preliminary objection.Sofola said he was, through the preliminary objection, challenging the jurisdiction of the court.According to him, the preliminary objection is based on the failure of 27 witnesses for the petitioner to sign their statements on oath.He said the absence of deponents signature on them had rendered all the 27 affidavits incompetent, a development which, according to him, touched on the jurisdiction of the tribunal.He said, "It touches on the jurisdiction of the tribunal. Once a statement is made under oath, it must comply with the provision of section 117(4) of the Evidence Act which stipulates that such statements must be signed."It is after the tribunal resolves this issue that we can know which of the statements we are going to rely on in filing our defence."However, Obanikoros counsel, Chief Bolaji Ayorinde, urged the court to dismiss Sofolas argument, saying the absence of deponents signature on the 27 affidavits could not amount to loss of the tribunals jurisdiction to hear the petition.Sofola, a Senior Advocate of Nigeria, said Adedejis objection was premature since the witnesses would still be coming to court during the hearing of the petition to adopt the affidavits.
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