The Election Petitions Tribunal sitting in Ado Ekiti today affirmed the victory of the senator representing Ekiti South, Senator Biodun Olujimi, who contested in the March 28 National Assembly election.
The petition filed by the All Progressives Congress (APC) candidate, Chief Tony Adeniyi, was thrown out for lacking merit.
Adeniyi had claimed that Olujimi did not resign from office as a board member of the Nigeria Communications Commission within the time allowed by law before the conduct of the election.
In the judgment delivered by a member of the three-man panel, Justice P.A. Obayi, the tribunal held that Olujimi was not a public officer in the employ of the Federal Government as claimed by Adeniyi because the evidence before it showed that Olujimi as a non-executive member of the NCC board was on part-time basis.
The tribunal held that the PDP senator was not a public servant as envisaged in the First Schedule of the 1999 Constitution (as amended), adding that the evidence before it was “iron cast and rock solid.”
Having resolved the first issue in Olujimi’s favour, the tribunal stated the second question of whether the first respondent resigned her appointment as a board member of NCC did not arise.
Justice Obayi stated the second question had become “academic, speculative and theoretically serves no purpose. The petition lacks merit and it is accordingly dismissed.”
Adeniyi has, however, signified his intent to file an appeal against the tribunal judgment.