INEC Bomb NIyi Owolades Petition By Filling 128 Page Reply to his 98 Page Petition - Ask the Tribunal to strike out 23 paragraphs out of 46 paragraphs of his Petition. The Independent National Electoral Commision(INEC) has filed a 128 Page reply to the petition filed by Barrister Niyi Owolade, a candidate of Accord Party who polled 377 votes at the 9th August, 2014 Governorship Election in the State of Osun. In the reply dated 19th day of September, 2014 and signed by Chief Adegboyega Awomoolo SAN; A.B Mahmoud, SAN, OON; Dr. Onyechi Ikpeazu SAN, OON, Hassan M. Liman SAN; Ahmed Raji SAN and 17 other Lawyers,they ask the court to strike out paragraphs 17, 19, 22, 23, 25, 26, 27, 28, 29, 30,33,34,36,37,40,41,42(I) 42(II) 42(vii) (2) (3)(4)(5),42(ix),43,44 and 46 of the petition on the ground that they are generic, vague and imprecise. The paragraphs sought to be struck out by INEC is 28 paragraphs out of the 46 paragraphs petition of the petitioner. If the INEC prayer is granted, the implication is that there will be nothing left for the petitioner to proof at the hearing of the petition. Apart from the preliminary issue raised in its reply, INEC contend that Ogbeni Rauf Adesoji Aregbesola sued as the 1st Respondent was validly elected and returned on the 9th August, 2014 in Osun State Gubernatorial Election. They further contended that the election substantially complied with the Electoral Act as well as the INEC Manual for Election Officials 2014. According to INEC, there were no irregularities or acts of non- compliance which substantially affected the election in the 30 Local Government Areas that comprise Osun State. On the allegation that OYES cadet were used as INEC Ad-hoc staff, INEC in its reply stated that in line with its regular practice and policy, 3rd Respondent used members of the NYSC as Presiding Officers and Assistant Presiding Officers at the election. Supervisory Presiding Officers and other sensitive positions were filled with staff of Federal tertiary Institutions as well as Federal Establishments. The 3rd Respondent also invited National Commissioners of INEC, Resident Electoral Commissioners from other states, Supervising Directors from INEC Offices nationwide and so many other staff within the state to ensure that the election was duly conducted. Ad-hoc Staff were invited by INEC without any interference from the Governor or his party, APC or other interest groups and there were no irregularities or non-compliance attributed to them which substantially affected the result of the election. To cap it all, INEC maintained in his reply contrary to the lies of the petitioner that the Ad-hoc staffs engaged for the election swore to the Oath of Neutrality in compliance with Section 28 of the Electoral Act. Members of INEC did not engage in post-election swearing of oaths and the agents of the 3rd Respondents were neutral and objective in the discharge of their election duties as they dully executed the requisite forms and depositions. In support of the reply to the petition, INEC front loaded 31 witness statement on oath majority of whom were the Electoral Officers of all the Local Government in the State of Osun all testifying to the fact that the election was free, fair, credible and in substantial compliance with the Electoral Act. They urge the tribunal to dismiss the petition for lacking in merit and a waste of time of the court.
Posted on: Tue, 23 Sep 2014 13:20:38 +0000
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