Ms Tolu Ebun, the Peoples Democratic Party (PDP) House of
Representatives candidate for Shomolu Federal Constituency at the March 28,
2015 National Assembly elections, has alleged unnecessary delays designed to
ensure that the period of 180 days required by the Constitution for the
conclusion of her petition at the tribunal elapses before the substantive
matter is heard.
32-year-old Ebun approached the National Election Petition
Tribunal sitting in Lagos to challenge the declaration of Mr. Oyewole Olufemi
Diya of the All Progressives Congress (APC), as winner by the Independent
National Electoral Commission (INEC).
“There are attempts by the APC to use members of the
judiciary to scuttle my petition by unnecessary delay due in part to changes in
the constitution of the panel. The first Chairperson of the tribunal panel was
Mrs. C. N. Anwuka of the Imo State Customary court who was appointed in clear
violation of the provisions of Section Section 285(3) & the 6th Schedule of
the Constitution which provide for the establishment of the panel and stipulate
that the Chairman of the Panel has to be a Judge of the High Court. Further
investigations revealed that Mrs. Anwuka is married to a former SSG of Imo
State during the first tenure of Governor Rochas Okorocha. Furthermore, her son
is married to one of the Imo State Governor’s daughters. Mrs. Anwuka was only
removed after strenuous objections by various petitioners who raised questions
over her qualifications to serve as Chairperson of the panel as well as
questions over her ability to be impartial given her close family and political
relationship with the Governor of Imo State and APC,” she said.
She was replaced with Justice Raheem Siyanbola of the Osun
State High Court, who was a member of the election petition tribunal panel that
dismissed the petition of Chief Emeka Ihedioha, former deputy Speaker of the
House of Representatives and PDP candidate for the Imo State gubernatorial
elections, on the basis of a technicality.
According to Ms Ebun, “Justice Siyanbola raised this
technicality similar to the one that formed the basis for dismissal in Imo
State on behalf of the APC candidate, Mr. Olufemi Diya, then adjourned sitting
till a date when he is supposed to give his ruling. All arguments by my counsel
to get him to hear two applications (an an Application for leave/extension of
time and an Application to set aside a fraudulent affidavit of service filed by
the Respondent) we have filed before him were abortive despite both
applications being filed before he raised the technicality.”
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