Tribunal dismisses ACN objection to Obanikoro's petition

The Lagos State Local Government Election Petitions Tribunal in Ikeja on Thursday dismissed an application by the Chairman of Ikoyi-Obalende Local Government Area, Adewale Adeniji, of the Action Congress of Nigeria, seeking the dismissal of the petition filed by Mr. Babajide Obanikoro.The five-man tribunal headed by Justice Dolapo Akinsanya (retd.), also awarded a cost of N50,000 against Adeniji for wasting the time of the tribunal.The tribunal ordered that the cost must be effected in favour of the petitioner before December 28, the next adjourned date.Adeniji had in the application filed by his counsel, Olushina Sofola, asked the tribinal to dismiss the petition for being incompetent and that the tribunal lacked jurisdiction to entertain it.Sofola had argued that the failure of 27 witnesses for the petitioner to sign their statements on oath that were filed before the tribunal touched on the courts jurisdiction.He claimed that it was when the tribunal resolved the issue in the application that he would then file his clients defence.According to him, failure to sign the statements on oath contravened the provisions of Section 117(4) of the Evidence Act. He asked the court to strike out the statements.Delivering its ruling on Thursday, the tribunal held that Adenijis objection to the petition on the grounds of failure to sign the statements was premature.The tribunal also held that the failure to sign the 27 affidavits had nothing to do with the jurisdiction of the tribunal.It held that the petitioner was at liberty to call as many witnesses as possible and was not under any obligation to call all the witnesses whose statements had been tendered.The tribunal held, The depositions are only challengeable when the petitioner brings forth the witnesses and attempt to tender their statements as exhibits.We hold the view that the objection of the First Respondent is premature and it is hereby dismissed.Obanikoro is through his petition, challenging the outcome of the council polls wherein Adeniji was declared winner of the Ocober 22 council poll by Lagos State Independent Electoral Commission.The ACN and the LASIEC are also separate respondents in the petition.
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