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Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office - Politics - Nairaland

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Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by agabusta: 5:06am On Nov 12, 2019
https://www.premiumtimesng.com/news/headlines/362257-oyo-governorship-appeal-court-rules-in-favour-of-apc-but-leaves-makinde-in-office.html


Oyo Governorship: Appeal Court rules in favour of APC but leaves Makinde in office


A Court of Appeal in Ibadan, the Oyo State capital, on Monday, upheld the appeal filed by the governorship candidate of the All Progressives Congress (APC), Adebayo Adelabu, against Governor Seyi Makinde of the Peoples Democratic Party (PDP).

The court, consequently, set aside the tribunal judgement that nullified the petition brought by Mr Adelabu against Mr Makinde.

PREMIUM TIMES reported how the election petition tribunal in September dismissed the petition.

Reversal
However, the appeal court on Monday said the judgement of the tribunal was ‘perverse’ and therefore set it aside.

The court, however, did not make any further order concerning the election.

The court added that status quo at the time of filing the petition by Mr Adelabu remains, meaning Mr Makinde remains the winner of the election as declared by INEC.

The court, in its lead judgement, ruled that the appellants, the APC and Mr Adelabu, were not giving fair hearing by the tribunal.

The Electoral Act only gives a grace of 180 days for a case to be heard at the election tribunal.

The appeal court ruled that the tribunal had exhausted its time; therefore, the case could not be sent back to it for review.

The court ordered that the status quo before the tribunal’s judgment should remain. This means the declaration of Mr Makinde as the winner of the March 9, 2019 governorship poll in Oyo State remains.

The court held that if not for time, it would have ordered a re-trial at the tribunal, noting that “unfortunately, the time limit of 180 days for the tribunal had been exhausted.”

Three out of the four judges resolved all issues in favour of the appellants.

There was a dissenting judgment from a judge with a proviso that the panel could not nullify Mr Makinde’s election.

Reactions
Counsel to Mr Makinde, Eyitayo Jegede, in his reaction, said the judgement did not mean Mr Makinde is no longer the governor.

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“He has not been affected in any way. The Court of Appeal in their wisdom said they did not agree with the lower tribunal. They did not also say that they did not agree with INEC. So, INEC’s declaration is sacrosanct and it remains until any other pronouncement from the court.

“We have not seen the details of the judgment. We were all in court and you (journalists) saw that the details were not read to us. As far as we are concerned, there is no cause for alarm. There is no implication on the return and declaration of Seyi Makinde as the governor of Oyo State,” he said.

The counsel to Mr Adelabu and the APC, Adeboye Shobanjo, also reacted to the judgement.

“You listened to what my lord said about the evaluation of judgment of evidence that when there are (is) evidence before the court, the evidence of all parties before the court should be evaluated.

“Judgment should not be based only on the evidence of a party in a case and if that was done during the trial, or during the judgment, that is contrary to the provision of the constitution on fair hearing.

“Second(ly), this court settled the issue of dumping of documents on election cases, and contrary to the decision of the tribunal that all the documents tendered by the appellants were dumped on the tribunal, the judgment made it known that the documents were not dumped on the tribunal.

“In totality, the appeal was allowed. But my lord said that because of effusion of time, that since the time for trial has lapsed at the tribunal, they cannot order for retrial of the case.

“But generally or totally, the appeal was allowed. It showed that the judgment of the tribunal occasioned miscarriage of justice against the appellants. The next step depends on my clients. They will brief us accordingly and it depends on instructions,” he said.

https://www.premiumtimesng.com/news/headlines/362257-oyo-governorship-appeal-court-rules-in-favour-of-apc-but-leaves-makinde-in-office.html

2 Likes

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by kolafolabi(m): 5:12am On Nov 12, 2019
Preference of the people of Oyo was as clear as day and night, with the clear margin of votes between Governor Makinde (515,621) and Mr Adelabu (357,982).

If that is the case, I still say APC has no case in the Supreme court

52 Likes 4 Shares

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by backnbeta(f): 5:49am On Nov 12, 2019
If not for the expiration of the 180 days grace, you would have sent Makinde packing or what? This is just poor man's consolation...they don't want Adelabu to go home in total shame, at the same time they know Oyo people won't take any nonsense undecided

70 Likes 6 Shares

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by popsy2(m): 5:51am On Nov 12, 2019
Thank God. The governor is good, for now.


I don't know who needs this but if you are In need of CAC company registration, Business Name registration, Trustees, NGO, NAFDAC number on your products etc, talk to us at www. Lawlab. Com. ng
The interesting part is that consultation is free of charge. Yes! Free of charge.

The universe has its way of rewarding us for our magnanimity.

1 Like

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by muykem: 6:10am On Nov 12, 2019
The same confusion happened when Mike Obi signed for Manchester United but said he wanted to play for Chelsea.

20 Likes 1 Share

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by Venerable612(m): 6:11am On Nov 12, 2019
backnbeta:
If not for the expiration of the 180 days grace, you would have sent Makinde packing or what? This is just poor man's consolation...they don't want Adelabu to go home in total shame, at the same time they know Oyo people won't take any nonsense undecided

It’s a trend on this forum - people will read the post and make very wrong and absurd conclusions - either out of lack of comprehension or malice.

The news article simply says

1. If the 180 days for election petition trial had not elapsed,
2. The court would have ordered a retrial in the lower tribunal.

No where did it mention the removal of Makinde.

I hope it’s clear to you that this is not a poor man’s consolation now?

43 Likes 3 Shares

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by Johnnyessence(m): 6:12am On Nov 12, 2019
agabusta:
https://www.premiumtimesng.com/news/headlines/362257-oyo-governorship-appeal-court-rules-in-favour-of-apc-but-leaves-makinde-in-office.html


Oyo Governorship: Appeal Court rules in favour of APC but leaves Makinde in office


A Court of Appeal in Ibadan, the Oyo State capital, on Monday, upheld the appeal filed by the governorship candidate of the All Progressives Congress (APC), Adebayo Adelabu, against Governor Seyi Makinde of the Peoples Democratic Party (PDP).

The court, consequently, set aside the tribunal judgement that nullified the petition brought by Mr Adelabu against Mr Makinde.

PREMIUM TIMES reported how the election petition tribunal in September dismissed the petition.

Reversal
However, the appeal court on Monday said the judgement of the tribunal was ‘perverse’ and therefore set it aside.

The court, however, did not make any further order concerning the election.

The court added that status quo at the time of filing the petition by Mr Adelabu remains, meaning Mr Makinde remains the winner of the election as declared by INEC.

The court, in its lead judgement, ruled that the appellants, the APC and Mr Adelabu, were not giving fair hearing by the tribunal.

The Electoral Act only gives a grace of 180 days for a case to be heard at the election tribunal.

The appeal court ruled that the tribunal had exhausted its time; therefore, the case could not be sent back to it for review.

The court ordered that the status quo before the tribunal’s judgment should remain. This means the declaration of Mr Makinde as the winner of the March 9, 2019 governorship poll in Oyo State remains.

The court held that if not for time, it would have ordered a re-trial at the tribunal, noting that “unfortunately, the time limit of 180 days for the tribunal had been exhausted.”

Three out of the four judges resolved all issues in favour of the appellants.

There was a dissenting judgment from a judge with a proviso that the panel could not nullify Mr Makinde’s election.

Reactions
Counsel to Mr Makinde, Eyitayo Jegede, in his reaction, said the judgement did not mean Mr Makinde is no longer the governor.

Advertisement

FIRS AD

“He has not been affected in any way. The Court of Appeal in their wisdom said they did not agree with the lower tribunal. They did not also say that they did not agree with INEC. So, INEC’s declaration is sacrosanct and it remains until any other pronouncement from the court.

“We have not seen the details of the judgment. We were all in court and you (journalists) saw that the details were not read to us. As far as we are concerned, there is no cause for alarm. There is no implication on the return and declaration of Seyi Makinde as the governor of Oyo State,” he said.

The counsel to Mr Adelabu and the APC, Adeboye Shobanjo, also reacted to the judgement.

“You listened to what my lord said about the evaluation of judgment of evidence that when there are (is) evidence before the court, the evidence of all parties before the court should be evaluated.

“Judgment should not be based only on the evidence of a party in a case and if that was done during the trial, or during the judgment, that is contrary to the provision of the constitution on fair hearing.

“Second(ly), this court settled the issue of dumping of documents on election cases, and contrary to the decision of the tribunal that all the documents tendered by the appellants were dumped on the tribunal, the judgment made it known that the documents were not dumped on the tribunal.

“In totality, the appeal was allowed. But my lord said that because of effusion of time, that since the time for trial has lapsed at the tribunal, they cannot order for retrial of the case.

“But generally or totally, the appeal was allowed. It showed that the judgment of the tribunal occasioned miscarriage of justice against the appellants. The next step depends on my clients. They will brief us accordingly and it depends on instructions,” he said.

https://www.premiumtimesng.com/news/headlines/362257-oyo-governorship-appeal-court-rules-in-favour-of-apc-but-leaves-makinde-in-office.html
fake news.
Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by barapistis(m): 6:25am On Nov 12, 2019
Ok

It's a good news

1 Like 1 Share

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by seunlayi(m): 6:26am On Nov 12, 2019
Trash

1 Like

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by Jimoibe: 6:26am On Nov 12, 2019
What are they appealing again

9 Likes 1 Share

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by GeoAfrikana(m): 6:36am On Nov 12, 2019
The law, as they say, is an arse.

4 Likes

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by Luckysbab: 6:40am On Nov 12, 2019
backnbeta:
If not for the expiration of the 180 days grace, you would have sent Makinde packing or what? This is just poor man's consolation...they don't want Adelabu to go home in total shame, at the same time they know Oyo people won't take any nonsense undecided

You sabi as e dey go.

Oyo politics wey dey volatile. Na manga dey sleep, trouble go wake am be that if them remove their "beloved Seyi"

10 Likes

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by 9jamag(m): 6:41am On Nov 12, 2019
cheesy
Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by Munzy14(m): 6:42am On Nov 12, 2019
cheesy
Lol after election, na lawyers time.
Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by Luckysbab: 6:43am On Nov 12, 2019
Venerable612:


It’s a trend on this forum - people will read the post and make very wrong and absurd conclusions - either out of lack of comprehension or malice.

The news article simply says

1. If the 180 days for election petition trial had not elapsed,
2. The court would have ordered a retrial in the lower tribunal.

No where did it mention the removal of Makinde.

I hope it’s clear to you that this is not a poor man’s consolation now?

Stop contradicting yourself man plus you have no right to trash another person's simplistic opinion.

What's the basis for the intended retrial? Is it not to disagree with the judgement of the tribunal, certifying the Governor's emergence?

7 Likes 1 Share

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by helinues: 6:44am On Nov 12, 2019
Nigerians are beginning to receive sense small small.. If it was by money spending, Adelabu would have won convincingly.

Adelabu should better stop wasting money like Atiku on court cases

6 Likes

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by oglalasioux(m): 6:46am On Nov 12, 2019
What kind of headline is this? How does ordering a retrial at the tribunal be a judgment in favour of APC?

6 Likes

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by Guyman02: 6:48am On Nov 12, 2019
Makinde is doing well, the court sometimes will sack performing Governors like Makinde but will grant victory to imbeciles like Okezie Ikpeazu and Yahaya Bello angry angry

10 Likes 1 Share

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by DonFreshmoney(m): 6:49am On Nov 12, 2019
Adelabu should go and take a seat...

Someone that was deputy governor of CBN and he looted our resources under the excuse of foreign exchange and trade... he thinks he can loot money in CBN and go contest for election.

Thatsvwhy I dont take soludo, Obadiah mailafia and Kingsley Moghalu very seriously

5 Likes

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by Olamialphonso(m): 6:50am On Nov 12, 2019
Makinde ���
Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by Venerable612(m): 6:51am On Nov 12, 2019
Luckysbab:


Stop contradicting yourself man plus you have no right to trash another person's simplistic opinion.

What's the basis for the intended retrial? Is it not to disagree with the judgement of the tribunal, certifying the Governor's emergence?

Before you mention me - make sure you have common sense.

And it’s obvious you have a problem with comprehension as well.

If you read the article, the Judgment of the lower tribunal was found to be perverse - the reasons were not stated.

If the perversion was to the root of the matter - the Appeal Court would have nullified the election and ordered a fresh election. But none of the prayers in the Appeal was granted - which means the Appeal was without merits.

Please don’t mention me again - if you don’t have common sense. You know nothing about the law - and you are here displaying your ignorance.

5 Likes 2 Shares

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by Stalwert: 6:52am On Nov 12, 2019
Democracy in danger according to PDthieves
Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by WonderManly(m): 6:55am On Nov 12, 2019
Mtchewwww

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by saheedbadmus(m): 6:56am On Nov 12, 2019
Politics
Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by kayusely70(m): 6:56am On Nov 12, 2019
The supreme court will clear the confusion.

2 Likes

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by Nobody: 6:56am On Nov 12, 2019
backnbeta:
If not for the expiration of the 180 days grace, you would have sent Makinde packing or what? This is just poor man's consolation...they don't want Adelabu to go home in total shame, at the same time they know Oyo people won't take any nonsense undecided
it would have ordered a retrial to give the apc candidate a fair hearing

7 Likes

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by RexTramadol1: 6:56am On Nov 12, 2019
Lol that court dey funny




Which kind thing be say, if the time had not elapsed




It's just like a wicked uncle and an undergraduate




" If you had come last week, I still had some money to spare"

3 Likes

Re: Oyo Governorship: Appeal Court Rules In Favour Of APC But Leaves PDP In Office by Luckysbab: 6:56am On Nov 12, 2019
Venerable612:


Before you mention me - make sure you have common sense.

And it’s obvious you have a problem with comprehension as well.

If you read the article, the Judgment of the lower tribunal was found to be perverse - the reasons were not stated.

If the perversion was to the root of the matter - the Appeal Court would have nullified the election and ordered a fresh election. But none of the prayers in the Appeal was granted - which means the Appeal was without merits.

Please don’t mention me again - if you don’t have common sense. You know nothing about the law - and you are here displaying your ignorance.

I can't keep mentioning an arrogant jerk, who can't make his point without throwing insults.

Your license should be reviewed, if you do have any.

The lady has made a point about the court making a diplomatic point of letting sleeping dogs lie, under whatever technical jargon they could find. Who's discussing law textbooks here, if not some ITK bloke?

3 Likes

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