The Court of Appeal has rejected a request by the Social Democratic Party (SDP) seeking the relocation of the Ekiti State Governorship Election Petition Tribunal from Ado-Ekiti to Abuja.

The development emerged on Wednesday during the resumed hearing of petitions filed by the SDP and the Action Alliance (AA), challenging the outcome of the June 20 Ekiti State governorship election.

The Chairman of the three-member tribunal, Justice Abubakar Idris Kutigi, informed parties that the panel had received a communication from the headquarters of the Court of Appeal in Abuja directing that proceedings should continue at the tribunal venue in Ado-Ekiti.

Justice Kutigi said the President of the Court of Appeal, Justice Monica Dongban-Mensem, had acted on the SDP’s request for a change of venue and directed that hearing in the two petitions should continue in Ado-Ekiti.

Tribunal rejects SDP’s adjournment request
The tribunal consequently adjourned the SDP petition until Thursday, September 24, for continuation of hearing.

The SDP legal team was absent from Wednesday’s proceedings.

Counsel representing the Independent National Electoral Commission (INEC), Bunmi Ipinlaye, and counsel to Governor Biodun Oyebanji, Ibrahim Olarewaju, told the tribunal that they had received a letter from the petitioners requesting an adjournment pending the determination of their application before the Court of Appeal.

Justice Kutigi subsequently asked the Tribunal Secretary, Zubairu Nuhu, whether the communication from the President of the Court of Appeal had been forwarded to the parties.

Nuhu confirmed that the message had been sent to the lead counsel of the respondents.

He was then directed to read the communication in open court.

The message stated: “I am directed to inform you that the Tribunal is to continue its sitting in Ado Ekiti pending further directives from the Honourable President of the Court of Appeal.”

In his ruling, Justice Kutigi recalled that the matter was last heard on September 16, when the tribunal adjourned proceedings to September 23 while awaiting a directive from the Court of Appeal on the SDP’s request for a change of venue.

The tribunal held that the latest directive from the Court of Appeal had rendered the SDP’s application for an adjournment pending the determination of the venue-change request unnecessary.

Justice Kutigi said the Court of Appeal had directed that proceedings should continue in Ado-Ekiti and that all parties had been put on notice.

He consequently adjourned the SDP petition to Thursday, September 24, for continuation of hearing.

AA petition also adjourned

When the Action Alliance petition was called, INEC counsel, Ipinlaye, requested an adjournment because the petitioners were absent from court.

However, counsel to Governor Oyebanji, Olarewaju, told the tribunal that he and his client were ready to proceed with the hearing.

Justice Kutigi noted that the AA petitioners had not applied for a change of venue and therefore ought to have appeared in court.

He consequently adjourned the AA petition until Thursday, September 24, directing all parties to appear.

Why SDP requested relocation to Abuja

The application for a change of venue was filed by the SDP’s counsel, Ebenezer Akinbuli, of the law firm of Adewole Adebayo.

The legal team sought an order relocating the tribunal from Ado-Ekiti to “a safer and more secure location in Abuja.”

The application cited what the SDP described as a hostile atmosphere around the tribunal premises, allegedly created by individuals the party’s counsel referred to as “lawless elements.”

The SDP legal team also wrote an urgent request seeking reinforced security and police presence on subsequent hearing dates.

The letter was addressed to the Ekiti State Commissioner of Police and served on counsel representing the respondents.

SDP to present more witnesses

The SDP, whose governorship candidate has withdrawn from the petition, is expected to present additional witnesses when proceedings resume on Thursday.

In the June 20 governorship election results declared by INEC, the All Progressives Congress (APC) and its candidate, Governor Biodun Oyebanji, secured 319,224 votes.

The SDP scored 179 votes, while the Action Alliance recorded 126 votes.

INEC is the first respondent in both petitions, while Governor Oyebanji, who contested on the APC platform, is the second respondent.