Date: 2015-06-30

The case filed by the African Democratic Congress (ADC) and its governorship candidate in Kwara State, Comrade Abubakar Abdulraheem against the election of Governor Abdulfatah Ahmed of the All Progressives Congress (APC) continued yesterday at the Election Petition Tribunal sitting in Ilorin.

While proper hearing is yet to commence in the case, the Independent National Electoral Commission (INEC) filed a motion urging the court to deem the petition "abandoned".

The motion was coming amidst a pending application filed by the petitioners seeking the issuance of notice of pre-hearing session by the tribunal.

The ADC candidate is challenging the election of Governor Ahmed on the basis of his alleged exclusion by the INEC.

Joined as respondents in the petition are INEC, Resident Electoral Commissioner, APC and Ahmed who are first to fourth respondents respectively.

When the case came up yesterday at the tribunal, the petitioner's counsel, Abdullahi Ishola, opposed INEC's motion filed on June 12 seeking to deem the petition abandoned.

He argued that the point raised by INEC counsel, Bolu Agbaje, could only be heard at the pre-hearing session which has not commenced.

"The hearing session has not commenced. So that their application should be deemed abandoned can only be heard at a pre-hearing session because it is an objection on the point of law and that is pursuant to paragraph 47 of the first schedule," he said.

On his part, the INEC's counsel urged the three-man tribunal "to deem the petition abandoned as the petitioner has failed to file the pre-hearing notice from TF007 within the time stipulated by the Electoral Act".

However, the tribunal chairman, Justice Mariam Bwari, said the two motions would be consolidated and taken together while adjourning the matter to July 6.