Dino urges Tribunal To Strike Out Petition Against His Election
The Senator Elect, Kogi West Senatorial district, Dino Melaye, has asked the Election Petition Tribunal to strike out the petition of Senator Smart Adeyemi, who is challenging his victory as winner of Kogi West senatorial election, arguing that the Pre-hearing motion was filled by the Petitioner a day after the stipulated time.
Counsel to Melaye, Barrister Ricky Tafa, at the sitting said the court ordered of 13th May, 2015 that pre-hearing motion should be filled seven days of the day of notice, was not adhere to by the petitioner, “The petitioner however filled and served us on 20th May, 2015.
The court order, if counted well, should have elapsed on 19th of May, 2015; a day early than 20th of May when the petitioner filled and served us the motion”.
Tafa who supported his claim with the case of Omisore vs Aregbesola, prayed the Tribunal to take seriously the Court Order and strike out the case for consequence of delaying by the petitioner in filling the Motion for Pre-hearing out of the time specification.
Responding, counsel to the petitioner, Dr. J.O. Olatoke (SAN) said the clause in the Order was seven days ‘From’ the day of mentioning and not seven days ‘OF’ the day of mentioning as stated by Dino’s counsel. “My Lord, there is a different between ‘OF’ and ‘FROM’. The word there is ‘FROM’ and not ‘OF’.
Seven days ‘From’ means the counting starts a day after; excluding the day of mentioning. With this our filling and serving on 20th of May, 2015 Motion for Pre-Hearing is within the armpit of the court order.” The Chairman of the Tribunal however adjourned the case to 18th May, 2015 for his ruling on the application
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