ATTEMPTS by the opposition All Nigeria Peoples Party (ANPP) and the candidate of the Democratic Peoples Alliance (DPA), Professor Wole Akinboade, to invalidate the tribunal’s judgment which upheld the election of Governor Adebayo Alao-Akala has suffered a major set back. The Justice Istifanus Thomas-led three-member Appeal Court judges sitting in Ibadan, dismissed the suits of the ANPP and the DPA on the grounds of want of diligent prosecution and non-compliance with the procedure and guidelines of the appellate court.

The oppositions, had consequent upon the affirmation of Alao-Akala’s election headed to the appeal court, contending that the governor had been indicted by the Police Service Commission of alleged gross misconduct while in service as a police officer.
Also being contested was that Akala, having been indicted by the administrative panel of enquiry which probed the finances of the state when he held sway as governor for 11 months following the now quashed impeachment of Ladoja was not fit to contest the office of the state governor.

The D PA candidate also contended that the Independent National Electoral Commission (INEC) omitted its party logo during the April 14, 2007 governorship election and majority of his supporters went home disappointed on the day of the election as they could not vote for him due to the non-appearance of his party logo on the ballot paper.

The Court of Appeal had last Wednesday deferred ruling in the two cases being prosecuted by Wole.

Aina had at the last sitting of the court appealed for a short adjournment enable him produce copies of court records and grounds of appeal of his clients.

His plea followed the nonavailability of records on theparty’s grounds and notice of appeal filed before the court of Appeal to adjudicate upon.

But Counsel to the defendant (Akala), Prince Lateef Fagbemi, faulted him that there was no evidence of appeal even before the court and the registry.

Fagbemi whose position was supported by INEC’s counsel, Makanjuola Esan, noted that they can’tbe arguing on acase thathadno foundation. They prayed the court to dismiss the appellants’ appeal for want of diligent prosecution.

Fagbemi and Esan therefore ,urged the court that since there was noncompliance on the part of the appellant to prosecute their appeals diligently the options left to the court was to exercise its inherent power to dismiss the appeal.

In a text message response to the court’s judgment, Prince Dotun Oyelade, Special Adviser to Governor Alao-Akala said, ‘’the striking out of the opposition appeal is a dress rehearsal to the judicial demise to which the opposition has inexorably led itself.
"If the foundation is this weak, it stands to reason that it cannot bear the weight of overbearing evidence against itself.



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