The Kwara State Governorship Election Petition Tribunal sitting in Ilorin has ruled that the governorship candidate of the Advanced Democratic Congress (ADC), Comrade Abubakar Abdulraheem has no case against the Independent National Electoral Commission (INEC) and the Resident Electoral Commissioner.

INEC and REC are the first and second respondents in the petition filed by the ADC candidate, challenging the election of Governor Abdulfatah Ahmed in the April 11 governorship election on the ground that he was unlawfully excluded by INEC. However, the petition suffered a major setback when the Tribunal chaired by Justice Maryam Bwari ruled that the petitioner had no case against INEC and REC. The Chairman was delivering ruling in a motion filed by counsel to the first and second respondent, Bolu Agbaje urging the court to dismiss the petition, saying it has been abandoned.

The INEC's counsel argued that the petition had been abandoned by the petitioners' counsel having failed to file a pre-hearing notice within seven days from the day they filed a reply to their earlier reply to the petition in line with the provisions of paragraph 18 (1) of the first schedule of the Electoral Act (2010 as amended). The INEC's counsel had argued that "The seven days ultimately elapsed on May 31 and any application made after May 31 is incompetent hence the petition has been abandoned. The petition should be dismissed so that your lordships can go back home".

Ruling on the motion, the Tribunal concurred with the first and second respondents, saying time is of essence in election petition matter. According to the Chairman, the petitioner ought to have issued pre-hearing notice within seven days which he did not do. "The petition is hereby dismissed against the first and second respondent," Justice Bwari said. However, the Tribunal sustained the case against the All Progressives Congress (APC) and Governor Ahmed who are third and fourth respondents respectively, declaring that the petitioners' application for pre-hearing notice is valid.

It directed the Secretary to the Tribunal to issue pre-hearing notice to the third and fourth respondents while adjourning the case to July 30 for the commencement of pre-hearing session.