Labour Party Heads to Court in Ilaje/Ese Odo By-Election Battle

The Labour Party is desperate at ensuring its candidate, Mr. Kolade Akinjo, wins the upcoming Ilaje/Ese Odo Federal House of Representative by-election. Such is the view of party critics, political opponents, and other observers in the latest legal move of a story that changes by the hour.

 SaharaReporters has learned that members of the Labour party have approached the Federal High Court in Akure, the capital of Ondo State, to file an ex parte application.

 

Political observers say party members are now “praying” for an order of the court that would favor their candidate with this application. They are seeking a ‘granting leave’ to serve its position and candidate in the case of the election commission, and other defendants in the suit in Abuja, which is outside the jurisdiction of the court in Ondo state.

What has drawn attention to the legal move by the Labour Party members in their ex-parte application in this case, is that it smacks of improper unilateral contacts with the court, without giving notice to the other party or counsel for that party. The party in this case, say critics of the legal maneuver, is the opposition Peoples Democratic Party, or PDP.

The substantive law suit was filed by the Counsel to the Labour Party (LP), Dayo Akinlaja, (SAN.) The lawsuit number of PHC/AK/CS/28/14 now sits at the Federal High Court in Akure.

The complex law suit drawn-up by Labour Party officials calls for the Independent National Electoral Commission, the INEC, along with the other six political parties of (APC, PDP, PDC, DPP, PPA, ACD) to seek a determination, and interpretation of the controversial electoral acts that occurred on the last election day. 

A chief argument of the lawsuit focuses on whether the Returning Officer for the Ilaje/Ese Odo by-election, Prof. Babatunde Adeyemi, has the power to declare the election 'inconclusive' after the conduct of the poll.

The court, which sits in Akure, has now fixed Monday the 19th of May as a date to closely watch. It is the date of the hearing on the suit filed by the ruling Labour Party that challenges the Electoral Umpire for declaring the election "inconclusive".

The Labour Party had expressed dissatisfaction with the position of the Independent National Electoral Commission (INEC) on the day of the election. It was an election wracked by controversy, with thousands of voters denied access to polling stations, and partly as a result, was later declared inconclusive.

In a technical legal maneuver, Banjo Ayenakin, a Labour Party representative, had told the court that the motion, which contained two prayers, was brought under order 6, rule 13, and 17 of the Federal High Court, civil procedures rules 2009, and the inherent jurisdiction of the court.

He begged the court to grant leave to the originating process on the 1st, 3rd, 4th, 5th, 6th, 7th and 8th respondent in Abuja.

After looking into the case file, the Presiding Judge of the Federal High Court, Justice Ishaq Sanni, granted the prayers of counsel to request to serve the originating legal process on the Electoral Commission. That legal process includes the Returning Officer, Prof. Babatunde Adeyemi, and the Six other political parties that participating in the election.

Similarly, the Ruling Labour party government in Ondo State has set up an election Petition Tribunal for the April 5th by-election. That petition has been inserted into the Ilaje/Ese odo election.

Sources have told SaharaReporters that the petition tribunal was set up to address any complaints, reports, and grievances that may arise during the election, and afterwards, would include the conduct of the election.

A release signed by the Secretary to the Tribunal, Mr. Azeez Ayoola, had stated that the Election Petition Tribunal will sit at Court 9 of the State High Court, to welcome issues and complaints that might arise from the results announced by the Independent National Electoral Commission (INEC).

All of the Labour party’s recent legal moves come on the heels of a hotly contested election that was ruled inconclusive. They are now fighting those election results in a three-pronged attack with court cases in two cities, and the on-going ‘ground game’ in Ondo state, while a new date for another election has not been set yet.

Labour Party officials publicly deny they are desperate. Yet, even to the casual political observer, the finger pointing and angry shouts at the recent stakeholders meeting in Akure, where party members nearly came to blows with their opponents, and the legal maneuvers now underway, paint a picture of desperation in a story with many twists.