Kogi: Tribunal Strikes Out Adeyemi’s Petition, Upholds Melaye’s Election
Chairman of the three-member tribunal, Justice Akon Ikpeme, ruling on the petition number EPT/KA/NAE/SEN/04/15 in Lokoja yesterday, described the petition by Smart Adeyemi, candidate of the Peoples Democratic Party (PDP) as “incurably defective.”
Justice Ikpeme held that the petition ran contrary to the provisions of the Electoral Act 2010 (As Amended).
Ikpeme stressed that election petition matters are time bound and do not permit resorting to time wasting, adding that replying out of time as stipulated in the Electoral Act is a sign of abandonment and, therefore, cannot be entertained.
Hon Dino Melaye through his lawyer had prayed the tribunal to strike out the petition for lack of merit.
Justice Ikpeme in her ruling said findings have shown that there is no alternative to dismissing the petition from the petitioner, having gone through all the processes and seen that the reply to preliminary objection was filed out of the stipulated time, adding that pursuing the matter would be a mere academic exercise.
“In the final analysis, we find and hold that this petition is incompetent for the reason that the reply to the preliminary objection was out of time on the matter which this tribunal is not vested with jurisdiction to continue”, she said.
Over 131 legal practitioners including Rickey Tarfa (SAN), Femi Falana (SAN) and Festus Keyamo represented Melaye at the matter.
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