Retrial of Smart Adeyemi's petition against election of Dino Melaye holds August 18

Category: Kogi News

The Election Petition Tribunal sitting in Lokoja, Kogi State, has fixed August 18 to begin the retrial of the petition filed against the victory of Senator Dino Melaye by Senator Smart Adeyemi.

Senator Adeyemi of the Peoples Democratic Party (PDP) and Dino Melaiye of the All Progressives Congress (APC) are both candidates for the Kogi West Senatorial Districts during the March 28 National Assembly election.

However, Adeyemi had petitioned the Election Petition Tribunal sitting in Lokoja against the victory of Melaye in the National Assembly election, seeking five prayers including nullification and withdrawal of Melaye’s Certificate of Return and declaring him (Adeyemi) winner of the March 28, 2015 election.

The chairman of the three-member tribunal, Justice Akon Ikpeme, however dismissed the petition, saying it ran foul of the Electoral Act, adding that “we are bound by our records that this tribunal accepts that the petitioners were served on May 13, 2015 at 3:57 p.m. as confirmed by the court’s records and hold that the reply was filed on the 6th day and therefore, out of time.

"We hold that the petitioners’ reply is incompetent as it was filed out of time and is hereby struck out.”

Adeyemi, however, appealed against the ruling of the tribunal and the appellate court set aside the ruling of the tribunal and ordered for re- trial.

Justice Mohammed Adume, who delivered the judgment of the three-man panel of the appeal court judge, disagreed with tribunal that the petition was not filed within the 21 days allowed by law, and also rejected the position of the tribunal that the response of the petitioner to the reply of the defendant (Melaye) was filed seven days after being served with the reply as against the five days allowed by law.

The Court therefore ordered for a retrial based on merit in the interest of substantial justice, saying that the trial must be accelerated to be conducted within the time allowed by Section 185 of the 1999 Constitution which stipulates that all petitions must be heard and judgment delivered within 180 days.

The retrial, which was to come up for mention on Tuesday, was, however, adjourned till August 18 as the tribunal chairman said the tribunal had not been able to properly study the judgment of the appeal court.

- Scannews

Related Posts via Categories:

• Arrest Ex-Governor Ibrahim Idris, Kogi Youth Group Tells EFCC
• No automatic ticket for Wada - PDP
• 12 die, 16 injured in Kogi road crash
• Hundreds of PDP chieftains defect to APC in Kogi
• Dino MelayeAccuses Tinubu Of Backing Smart Adeyemi At Appeal Court
• Kogi GuberPoll: Gov. Wada Plans To Assassinate PDP Guber Aspirant, Mohammed Ali - Group
• Dino Melaye Joins Audu, 19 Others In Kogi Guber Race
• Kogi Government Not Owing Workers - Wada
• Kogi Guber: Isah Kutepa joins race in APC
• APC Women Leader Slumped, Died in Prince Abubakar Audu's Residence

Send stories for publishing to admin@ackcity.net
Be Our Fan On Facebook
Follow Us @ACKCITY On Twitter
Want updates via;
BB: 568235DD
WhatsApp: (234) 08105649346
Need a good platform to Advertise your products & services;
Call: (234) 08105649346, 08121807240
E-mail: admin@ackcity.net
Leave your comment(s) below: