Tribunal slams SDP over lack of diligent prosecution of case against Oyebanji

Ekiti State Governorship Election Petition Tribunal has slammed the Social Democratic Party (SDP) and 1st petitioner over unnecessary delay in presentation of witnesses for speedy trial of the petition.

The Chairman of the three-man tribunal, Justice Abubakar Kutigi, expressed disappointment and anger over the way the petitioner’s counsel, Ebenezer Akingbule, who stood in for the lead counsel, Adebayo Adewole, was foot-dragging and adopting delay tactic in the presentation of witnesses.

After the tribunal’s adjournment, the court premises became charged, as SDP members, who considered themselves the real owners of the party made spirited efforts to attack those they described as ‘impostors’ parading themselves as witnesses.

Policemen on guard had to quickly intervene and urged the party members to go outside the court’s premises to resolve their internal wranglings, which was a replica of the internal crisis that played out on Monday when the party’s candidate withdrew his case.

The SDP and 1st petitioner in the case, is challenging the victory of Governor Biodun Oyebanji, the candidate of the ruling All Progressives Congress in the June 20 election, claiming that the conduct of the poll didn’t substantially comply with the provisions of the Electoral Act, 2026.

During the tribunal’s proceeding held on Monday, the party’s candidate and second petitioner in the matter, Amb Isaac Adedayo Alade, had withdrawn his petition, leaving behind only the SDP to prosecute the case.

The candidate of the People’s Democratic Party and runner up in the poll, Dr Wole Oluyede, had during the tribunal’s inaugural sitting of last Monday, withdrawn his petition and was struck out accordingly.

At the trial on Monday, Justice Kutigi could not hold back his disappointment at the counsel to the petitioner over inability to present witnesses in court and for craving for adjournment to do same, after telling the panelists that the witnesses were ready.

Speaking pointedly, Justice Kutigi, emphasized the imperative of the counsel closing his case, if he realises that his witnesses are no longer available, rather than to tactically waste the precious time of the tribunal.

Justice Kutigi, who frowned at the action, said the SDP lawyer must make up his mind and ensure the matter is not stalled unnecessarily, saying procrastination could constitute serious snags and impediments to the electoral trial.

“We can’t continue to indulge you or allow you to tender apology over flimsy excuses. You can’t continue to waste the time of the court here. Why are you behaving as if you are not ready for this case? Any serious practitioner must have put his house in order. You don’t know the volume and even the serial number of exhibits and witnesses. We are not going to indulge you again.

“Do you think we are here to play. You are deliberately wasting our time because you knew that your witnesses are not around. You knew that the petitioner has internal crisis. You can’t say at one breath that they are ready and the next time you are saying they are not available.

“Why can’t you just say the truth and ask for adjournment to be able to put everything in order. You said they were here, have they now disappeared? Later you said they are here, but not within range. What are you trying to say?

“Our own is for you to do the right thing and you can go and take care of your internal crisis later. If you know you can’t get witnesses, then close your case within reasonable time, so that you won’t waste our time”.

However, Justice Kutigi granted adjournment sought by the counsel to the petitioner and ordered him to present the witnesses on Wednesday, September 16 unfailingly.