The Independent National Electoral Commission (INEC) has submitted
its reply to the All Progressives Congress (APC) petition to the
governorship election petition tribunal in Ado Ekiti, urging that the
case be struck out.
The commission, which is the third respondent in the petition,
averred in the preliminary objection that the APC had no right to seek
the return of its candidate, Dr. Kayode Fayemi, who is not part of the
petition.
In the 43-paragraph reply signed by its counsel, Chief Adegboyega
Awomolo (SAN), INEC also denied all the allegations of the APC that the
election was systematically rigged through electronic means.
It also submitted that the ballots were the same model used for
previous elections in Nigeria and was not done to favour the PDP as
alleged by the APC.
The electoral umpire discountenanced the allegation of security
clampdown on APC leaders, saying no such reports were brought to its
notice.
All the INEC officers of the local governments where the results
were being challenged were at the tribunal to sign their affidavit and
written depositions before the tribunal’s secretary as provided by
section 117 sub 4 of the evidence act.
Interestingly, only seven out of the 16 local government areas are
listed as where the petitioner is contesting out of the 16 councils.
The seven local governments are Ikole, Ekiti South West, Ekiti East, Ado, Ilejemeje, Oye and Irepodun/Ifelodun.
On the issue of whether or not Fayose attended The Polytechnic,
Ibadan, INEC said that by the Doctorine of Estopel (Once a case has been
decided, the court can’t go back to the same issue), the matter had
already been decided by the Court of Appeal in Alliance for Democracy
(AD) petition against Fayose in 2003.
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