Lawyers to the Social Democratic Party’s governorship candidate in the June 18 poll in Ekiti State, Engr Segun Oni, have accused the governor-elect , Hon. Biodun Oyebanji of evading service to begin his petition before the Election Petition Tribunal against his victory.
The counsels to the petitioner, also alleged that the Yobe State Governor and former National Caretaker Chairman of the All Progressives Congress, Mai Mala Buni and Oyebanji’s deputy, Monisade Afuye, had been difficult to serve on account of lack of fixed addresses.
Alleging that such antic was geared towards stalling the petition, Oni’s counsels averred that they had on July 20, 2022, at the Election Petition Tribunal filed an application for substituted service for speedy service and prompt trial of the case.
Oni had on July 7, 2022 filed his petition before the Tribunal in Ado Ekiti, calling for the reversal of the declaration of Oyebanji as the winner of the election.
Oni also urged the court to declare him the winner of the poll, claiming that he scored the highest number of lawful votes in the poll.
The petitioner urged the Tribunal to in the alternative nullify the election and order a rerun in view of alleged widespread manipulations that characterised the poll.
The former Secretary to the State Government and the candidate of the APC, Biodun Oyebanji garnered a total of 187,045 votes to defeat Oni, who polled 82,122 votes in the election.
Addressing journalists in Ado Ekiti on Thursday, Oni’s legal team, led by Obafemi Adewale (SAN), was upbeat that Oni will be declared winner of the poll at the Tribunal in view of the avalanche of evidence to be presented to substantiate their claim of widespread rigging in the poll.
Adewale, who spoke through a former Attorney General and Justice Commissioner in Ekiti, Owoseeni Ajayi, said: “Fact speaks for itself. Segun Oni ought to have been declared winner because he scored the highest number of valid votes, but this couldn’t happen because the election was characterised by widespread irregularities.
“We filed our petition on July 7 within the time stipulated for us in the Electoral Act. Since that time, we have been having issues of service.
“INEC had been served without restriction. The APC had also been served in Abuja without restriction. But we have problem serving the governor-elect, Biodun Oyebanji, his deputy, Monisade Afuye and the caretaker chairman of the party when the candidate was elected at the primary, Governor Mai Mala Buni.
“There had been deliberate avoidance of service by these respondents. In any election petition, time is of essence because we have to conclude the petition within 181 days.
“In the election petition trial, the days started counting the very day we filed our petition and it also includes their 21 days to which they must respond to our petition.
“To make things difficult, the governor-elect and his deputy have no addresses and the only place to serve them is the party secretariat in Ado Ekiti that is now locked up, we can’t reach them.
“The Bailiff of the tribunal went to Abuja’s liaison office of Yobe State Governor, their officials resisted being served. They said they can’t collect the letters on his behalf.
“Service is of essence in any case and they have to be served personally, except we are given this option of substituted service.
“We are not resting and we are desirous of going with the litigation until Oni, who won the majority of the lawful votes is declared the winner”, Obafemi stated.
Obafemi posited further that the petitioner has credible evidence to present that would influence the Panelists to give favourable judgement to Oni and SDP.
“We have proof of widespread malpractices and manipulations that really offended the Electoral Act in the election.
“We are confident that there won’t be any reason to order a fresh election. By the time we will finish our case, there will be declaration of the petitioner as the validly elected candidate”, Obafemi boasted.
