Dr Fayemi is the third respondent in a petition against his declaration as the winner of the election by INEC, filed by the candidate of the Peoples Democratic Party (PDP) in the election, Professor Kolapo Olusola, last Friday.
Fayemi had approached the tribunal through his counsel, Mr. Abayomi Aliyu (SAN), via a motion ex-parte brought under Section 151 of the electoral act.
Aliyu (SAN) had listed eight grounds upon which he argued that the motion ex parte should be granted, and had held that such would enable his client to prepare for necessary defence in the course of the matter.
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Chairman of the tribunal, Justice Babatunde Belgore, reviewed the relief sought by Fayemi and held that the tribunal found merit in the application and subsequently granted them “in the interest of fair-hearing.”
Justice Belgore also granted the respondent’s prayer to allow forensic experts to inspect by the way of machine electronic scanning, all ballot papers, voter registers and materials used for the poll.
The tribunal chairman granted the application, saying this was also approved for the petitioner, the PDP.
Dr Fayemi, who was the candidate of the All Progressives Congress (APC) in the election, was declared the winner of the election by the Chief Returning Officer and Vice Chancellor of the University of Ibadan, Professor Idowu Olayinka after INEC said he secured 197,459 votes.
The PDP candidate and outgoing Deputy Governor, Professor Olusola, according to INEC, scored 178,121 votes in the election.
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