Senior Advocate of Nigeria (SAN), Tunji Ogunrinde, on Friday led a team of 13 other lawyers as counsel to the People’s Democratic Party (PDP) and its candidate in the Ibadan North Federal Constituency bye-election, Hon. Sunday Oyekunle Folajimi, at the ongoing Election Petition Tribunal sitting in Ibadan, the Oyo State capital.
The case stems from the August 16, 2025 House of Representatives bye-election, in which Hon. Folajimi was declared the winner by the Independent National Electoral Commission (INEC). However, the Social Democratic Party (SDP) and its candidate have challenged the outcome of the poll, alleging widespread irregularities and violations of the Electoral Act 2022.
In the petition filed before the tribunal, with suit number EPT/OY/HR/01/2025, the SDP is seeking a declaration that the election and subsequent return of Hon. Folajimi as the duly elected member representing Ibadan North Federal Constituency were marred by non-compliance with electoral laws and procedures. The party is therefore urging the tribunal to nullify the election results and order a fresh or supplementary election in polling units where alleged irregularities occurred.
Responding on behalf of the PDP and its candidate, Ogunrinde SAN filed a notice of preliminary objection, questioning the competence of the petition itself. He argued that the petition failed to meet the mandatory legal and procedural requirements stipulated under the Electoral Act 2022, rendering it fundamentally defective and incompetent for adjudication.
The lead counsel further maintained that the petitioners’ claims lacked both substantive merit and evidentiary backing, adding that the election in question was conducted in substantial compliance with all relevant provisions of the law. According to him, the will of the electorate, as reflected in the result declared by INEC, should not be set aside on the basis of what he described as “frivolous and unsubstantiated allegations.”
Ogunrinde also emphasized that the tribunal must uphold the integrity of the electoral process by dismissing petitions that fail to demonstrate concrete evidence of malpractice or significant procedural breaches. He noted that the petitioners’ inability to comply with key statutory timelines and documentation requirements further weakens their case.
The tribunal, chaired by a three-member panel, has acknowledged receipt of the preliminary objection and adjourned proceedings to allow all parties time to file their written addresses. The panel is expected to determine the preliminary issue before proceeding to the substantive hearing of the petition.
Observers have noted that the outcome of this case could have broader implications for future bye-elections in Oyo State, particularly regarding how tribunals interpret compliance with the Electoral Act and assess the credibility of petitions brought before them.
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