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Ilaje/Ese Odo Bye Election: Court Fixes June 2 & 16 for Motion and Substantive Hearing Suit

A Federal High Court in Akure, the Ondo State capital, has fixed June 16 for the hearing of a suit seeking the declaration of the Labour Party (LP) candidate, Mr. Kolade Akinjo as the winner of the Ilaje/Ese Odo Federal Constituency bye election. That June 16th hearing will also examine a preliminary objection to halt the jurisdiction of the court file by the Peoples Democratic Party, and the independent National Electoral Commission (INEC).

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The Independent National Electoral Commission (INEC) had declared the election 'inconclusive,' followed with allegations that votes were not conducted in some riverine areas of the state.

Justice Ishaq Sanni who presided over the court, also fixed the 2nd of June 2014 for the hearing of a motion filed by the candidate of the Peoples Democratic Party, Adewale Kukute.

Kukute is seeking to join a suit filed by the Labour Party (LP) over the inconclusive bye-election in Ilaje/Ese Odo Federal Constituency.

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It was learned that the Labour Party had filled a suit before the court seeking a declaration that, a Returning Officer had no power under the Country's Law to declare a National Assembly election 'Inconclusive,' after the conduct of the election, the counting of votes, and collation of the results of the election.

A SaharaReporters correspondent learned that apart from the Labour party seeking the electoral body to declare its candidate the winner of the by-election, it also sought the order preventing the electoral umpire, and the Returning Officer, from conducting a Supplementary election on the vacant seat.

The Independent National Electoral Commission (INEC) through its counsel, Don Umeolo, and the counsel to the Peoples Democratic Party, Olusola Oke, had filed a preliminary objection, arguing that the court should dismiss the Labour Party suit on the fact that it lacked jurisdiction over it.

The Ilaje/Ese Odo by-election was held on the 5th of April.

At the mentioning of the Case, Yinka Orokoto, who appeared with five other lawyers standing for the Peoples Democratic Party Candidate, Adewale Kukute, asked the court to add him as a party in the filed suit.

At this point, Counsels to Independent National Electoral Commission (INEC), Don Umeolo, and that of the Peoples Democratic Party, Olusola Oke informed the court that 'they had no objections' to the Candidate of the Peoples Democratic Party, Adewale Kukute joining the suit. But the Counsel, who stood in for the Labour Party (LP), Ibukun Fasanmi, objected to the suit.

In his constant manner, Olusola Oke vigorously told the Federal high court that the Peoples Democratic Party was “ready for the quick dispensation of the suit” with a urge that nothing should unnecessarily delay the quick dispensation of justice on the case.

In his supporting motion, the Counsel to the Independent National Electoral Commission (INEC), Don Umeole, informed that the court can order the party, or parties, to be joined in any suit, and would not be opposing the motion.

While ruling of the matter, Justice Ishaq Sanni fixed June 2nd for the hearing of the motion for joiner, and June 16th for the hearing of the substantive suit.

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Legal Politics