There is a subtle plan to scuttle the petition filed by Senator Smart Adeyemi challenging the election of Dino Melaye of the All Progressives Congress (APC) in the last general election by rendering it inconclusive, Tribune can authoritatively reveal.
It was learnt that Melaye, the senator representing Kogi West, was banking on the possibility of the petition being rendered inconclusive at the tribunal, as it would have exceeded the stipulated 180 days.
Melaye, while speaking against the backdrop of the transfer of the case to another panel for hearing on Friday in Lokoja, expressed hope that the petition challenging his victory might not be able to meet the deadline.
Meanwhile, the National Assembly Election Petition Tribunal sitting in Lokoja Kogi State has fixed Monday, August 31, for ruling on two applications filed by the counsel of Dino Melaiye in a petition against him by Senator Smart Adeyemi on his being declared the winner of the March 28 National Assembly election.
Melaiye, through his counsel, had filed an application to clarify whether party primary was a pre or post-election matter.
He also raised technical issues on the re-counted votes in the disputed 21 polling units of Lokoja council areas of the state.
The chairman of the three-member tribunal, Justice Akinniyi Akintola after listening to both counsels of petitioner and respondent, however fixed the ruling on the two applications for Monday, August 31.
It will be recalled that Smart Adeyemi of the Peoples Democratic Party (PDP) and Dino Melaiye of the All Progressive Congress ( APC) were both candidates for the Kogi West Senatorial Districts in the March 28 National Assembly election.
Smart Adeyemi had however petitioned the Election Petition Tribunal sitting in Lokoja against the victory of the declared winner of the election, Dino Melaye, and sought five prayers including nullification and withdrawal of Melaye’s Certificate of Return and declaring him (petitioner) the winner.
The chairman of the three-member tribunal panel, Justice Akon Ikpeme had earlier dismissed the petition, saying it ran foul of the Electoral Act. He added: “We are bound by our records that this tribunal accepts that the petitioners were served on May 13, 2015 at 3:57 pm 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 petitioner’s 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 a re- trial. It faulted the hasty way and manner the petition was thrown out by the Tribunal headed by Justice Akpan Ikpeme on June 18, 2015, on technicalities, which it noted were not backed up by laws.
Justice Mohammed Adume who delivered the unanimous judgment of the three-man panel of the Appeal court judge disagreed with tribunal that the petition was not filed within the 21 days frame allowed by law, 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 re trial based on merit in the interest of substantial justice and ordered that the trial must be accelerated to be conducted within the time allowed by section 185 of the 1999 constitution which stipulated that all petitions must be heard and judgment delivered within 180 days.
