The Court of Appeal on Wednesday
in Abuja reserved judgment in the appeal filed by the Governor of Osun State,
Gboyega Oyetola, challenging the declaration of Ademola Adeleke as the duly
elected governor by the state election petition tribunal.
The appellate court also reserved
judgment in the two other appeals filed by Mr Oyetola’s All Progressive
Congress (APC) and the Independent National Electoral Commission (INEC),
challenging the same judgment of the tribunal.
The tribunal gave its judgement
declaring Mr Adeleke winner of the election on March 22.
A five-member panel of the appeal
court led by Jummai Sankey announced that the judgments were reserved after the
parties had adopted their final briefs of argument.
Mr Adeleke contested the governorship
election on the platform of the Peoples Democratic Party (PDP). INEC declared
Mr Oyetola winner after a supplementary poll but the tribunal said Mr Oyetola
won the election at the first ballot.
During the court session on Wednesday, in his appeal argued by
Wole Olanipekun, Mr Oyetola pleaded with the court to void the judgement for
the tribunal.
Mr Olanipekun said the tribunal’s decision violated the
Electoral Act 2010 and judicial precedence of the Supreme Court.
Specifically, he faulted the judgment as unknown to the law
because Justice Peter Obiorah who prepared and read the lead judgement did not
participate fully during the hearing of the petition.
Mr Oyetola whose appeal was first heard by the court of appeal
drew the attention of the court to the February 6 proceedings in which Mr
Obiorah was absent at the tribunal and did not sign the proceeding of that day.
The appellant contended that what Mr Obiorah did amounted to
judicial hear-say because the proceedings of February 6 when he was not in
court was copiously copied in his lead judgement.
Insisting that judicial hear-say
has no place in law, Mr Oyetola asked the appeal court to quash the judgement,
allow the appeal and uphold the governorship election
Arguing on his part, counsel to
APC, Akin Olujinmi, also faulted the judgment of the tribunal led by Ibrahim
Sirajo, on the ground that the petition was based on the rerun election of
September 27.
Mr Olujimi added that the
petition was incompetent and should be dismissed.
INEC in its own appeal argued by
Yusuf Ali informed the appeal court that the findings of the tribunal were
wrong because they were based on uncertified form documents dumped on the
tribunal by Mr Adeleke and the PDP.
Responding, counsel to Mr Adeleke
and the PDP, Onyechi Ikpeazu, asked the court to dismiss the three appeals.
Mr Ikpeazu told the court that
going by the record of the tribunal for February 6, there were indications that
Mr Obiorah was at the tribunal.
Mr lkpeazu argued that the three
appellants did not complain of a miscarriage of justice.
He added that the effect of the
judgement should be considered by the court.
Mr Ikpeazu further said apart
from February 6, Mr Obiorah was in attendance throughout and that on that day
only two witnesses testified, whereas over 100 witnesses testified during the
hearing of the petition.
After taking arguments from
parties in the appeals, Ms Sankey reserved judgment. She said the judgment date
for the three appeals will be made public as soon as they are ready.
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