Ekiti Guber Tribunal Slams SDP Over Lack Of Diligent Prosecution

Miffed by display of lacklustre spirit to prosecute its case, the Ekiti State Governorship Election Petition Tribunal on Tuesday, 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 Idris 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 intervened 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proceeding held on Monday, the party’s candidate and second petitioner in the matter, Amb Isaac Adedayo Alade, had withdrawn his petition, leaving behind only the SDP to prosecute the case.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Party and runner up in the poll, Dr Wole Oluyede, had during the tribunal’s inaugural sitting of last Monday, withdrawn his petition and was struck out accordingly.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.

Meanwhile, perceiving the enormity of the infraction he had committed and how furious the jurists were over his conduct, Akingbule tendered apology to the Tribunal for the delay, saying he has 11 witnesses to call , but were not within range due to unforeseen circumstances.

“I was with the witnesses till around 1:00 am this morning. I want you to indulge me till Wednesday , so that I can assemble them. I was only cut in the web of this SDP internal crisis. Please, give me a day adjournment to be able to do the proper thing”.

The petitioner’s counsel also craved for short adjournment over the petition filed by the Action Alliance, to present the witnesses in alignment with the pre- hearing orders.

Prior to Justice Kutigi’s intervention, the counsel to Independent National Electoral Commission (INEC) and 1st respondent, Barr Suleiman Ibrahim, described the petitioner’s lacklustre approach to the speedy trial of the case as disturbing, urging the tribunal to order them to present their witnesses, so that the matter can proceed expeditiously.

“I don’t think they are ready for this matter . They have flouted the pre- hearing orders that witnesses must be brought to court as ordered . They are not keeping to this promise. The petitioner had breached the schedules of witnesses, because it was supposed to be within 24 hours. If he serves us today about those to be called tomorrow, it will still not be up to the 24 hours as required by the Electoral Act.

“My lord, if you look at their conduct properly, you will know that the petitioner is not substantially prepared to continue with this case. He has breached the pre- hearing order and I will invoke this provision to ask that he closes his case to save the tribunal’s time”.

The counsel to Governor Oyebanji, Adetunji Oso, maintained similar position outlined by the INEC’s lawyer ,stating that the petitioner can’t continue to take the tribunal for granted, by clutching onto weak straws to frustrate the trial.

“In any petition of this nature, The level of preparedness of the petitioner will determine our own readiness too. Even up to now, they are still using Abuja address and yesterday, the tribunal told them to use a specific address within this jurisdiction, but they flouted this order”.

On the internal crisis rocking the SDP, which was having a toll on the trial’s velocity, Oso, said: “They displayed that they have internal crisis here yesterday(Monday). Some SDP members were chanting and accusing the counsel to the petitioner of bringing impostors to the Tribunal as witnesses. We have the video, we can play it here.

“They should blame their poor performance on internal crisis, instead of blaming the state government. We are not objecting to his adjournment, but he has just six weeks to prosecute his case and there may not be any extension of time”.