Ekiti Election: PDP Engages Kwara SAN To Lead Legal Battle Against Fayemi

A Senior Advocate of Nigeria , Mallam Yusuf Ali , said the Peoples Democratic Party ’ s candidate in last Saturday ’ s governorship election in Ekiti State, Prof . Kolapo Olusola , has asked him to lead his legal team to challenge the victory of Governor – elect , Dr . Kayode Fayemi, at the election tribunal.

Olusola , who lost the election to Fayemi , the candidate of the All Progressives Congress, according to the results released by the Independent National Electoral Commission, has vowed to challenge the poll outcome.

Fayemi, a former governor of the state , defeated Olusola in 12 out of the 16 local government areas of the state , polling 197 , 459 votes while Olusola scored 178 , 121 votes .

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Ali told newsmen on Friday that he had accepted to lead other senior lawyers to reclaim Olusola ’ s mandate.

The senior advocate however said he would need to discuss details of the brief with his client to know the grounds upon which the candidate was contesting the poll results .

Ali added that he would not be able to give an accurate figure of other lawyers that would join him in the legal battle against the APC candidate.

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He said , “ I have just been contacted to represent the PDP ( at the tribunal ). The ( legal) team is just being put together ; so, I don ’ t know the number of SANs and other lawyers that will work with me yet because it is the client that will determine who they want to bring on board.

“ On the grounds of the petition, I was just briefed (to take up the matter); we would need to engage in further discussions before I will know exactly what is involved . ”

Meanwhile , the three- man panel for the Ekiti State Governorship Election Petitions Tribunal has been set up to sit on the disputes arising from the July 14 governorship election in the state . Bulkachuwa , is empowered to constitute the election petitions tribunals for governorship as well as for state and National Assembly elections.

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The Head , Media and Publicity Unit of the Court of Appeal , Mrs. Sa ’ adatu Musa , responding to an inquiry on Saturday , said the tribunal for the Ekiti State governorship election was constituted two weeks before the election held on July 14 .

“ The Ekiti State Governorship Election Petitions Tribunal was set up two weeks before the election , ” Musa said in a text message in response to one of our correspondents’ enquiry .

Section 133 (3) (a ) of the Electoral Act provides that the tribunal “ shall be constituted not later than 14 days before the election . ”

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The registry of the Ekiti State Governorship Election Petitions Tribunal was said to have been opened in Ado- Ekiti , the state capital , one week after it was constituted.

By virtue of Section 134 (1 ) of the law, an election petition to challenge the validity of an election must be filed within 21 days after the date of the declaration of results .

“ An election petition shall be filed within 21 days after the date of the declaration of results of the elections , ” the law states .

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With the result of the election declared one week ago , it implies that aggrieved persons have only two weeks left within which to file their petitions before the tribunal to challenge the outcome of the poll .
Section 134 ( 2) of the Electoral Act provides that “ an election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition. ”

Olusola had , on Sunday, alleged that he was robbed of victory in an election he claimed to have received over 70 per cent of the votes , having won in almost all the 16 local government areas in the state .

At a press conference after INEC declared Fayemi the winner on Sunday, the PDP candidate, who is the deputy governor of the state , alleged that security agencies threw all caution to the wind by taking sides with the APC and Fayemi.

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He accused security agencies of not only supporting but also supervising the indiscriminate arrest of PDP leaders and agents while also harassing voters on a massive scale, especially in Ado Ekiti , Ikere and other places .

He equally alleged that security agencies gave tacit and active cover for thugs imported into Ekiti by the APC to snatch ballot boxes , create confusion , cause mayhem , and drive away voters in PDP strongholds .

“ INEC, on its own part, reneged on its promise to have results counted , declared and pasted on the wall of each polling station . There was nowhere INEC transmitted results from the polling centres as earlier promised .

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“ Ballot boxes were illegally moved to INEC offices while our agents were disallowed from following the process , ” he stated

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