[LIVE UPDATE] Osun Election: Appeal Court Hears Oyetola’s Appeal Against Adeleke


The Abuja Division of the Court of Appeal is currently hearing the appeal filed by the Osun State Governor, Mr. Adegboyega Oyetola and the All Progressives Congress, challenging the judgment of the state’s Governorship Election Petitions Tribunal which nullified their election.

The tribunal had on March 22, 2019, in a split decision declared Oyetola’s main rival in the September 2018 election in the state, Senator Ademola Adeleke of the Peoples Democratic Party as the one validly elected as the governor.

It nullified the certificate of return issued to Oyetola and ordered the Independent National Electoral Commission to issue a fresh one to Adeleke.

The tribunal’s Chairman, Justice Ibrahim Sirajo, in his minority judgment, dissented from the majority judgment adopted by Justices Peter Obiorah and Adegboye Gbolagunte.

Oyetola had in his 39-ground notice of appeal filed on March 26, 2019, urged the Court of Appeal to nullify the majority judgment, which he argued was perverse, replete with contradictions and not supported by evidence led by the petitioners.

Chief Wole Olanipekun representing Gov Oyetola has submitted that the majority judgment of the Tribunal should be nullified because Justice Obiora that did not sit throughout the proceedings wrote the judgment and reviewed evidence of witnesses he did not see.

Chief Wole Olanipekun submitted that it is clear from the record that Justice Obiora did not sign the record on the day he was absent but signed on all other days.

Ok

Judgment in the appeal of Governor Oyetola is reserved and date will be communicated.

Chief Olujinmi submitted on behalf of APC that the judgment is a nullity because the Tribunal went out on its own to grant reliefs not sought by the Petitioners whereas it has no jurisdiction to do so!

Chief Olujinmi further submitted that the ground of the Petition stated by the Petitioner on non-compliance was restricted to 27 Sept 2018 election whereas the 17 units cancelled by the Tribunal relates to Sept. 22, 2018 election outside the purview of the ground of the Petition.

nice one engineerboat. kudos.

Chief Olujinmi submitted that it was erroneous for the Tribunal to rely on certified true copies of Forms EC8A having held that the documents were dumped on the Tribunal

Judgment in the appeal of APC by Chief Olujinmi is reserved by the Court of Apeal

Yusuf Alli SAN held that the Tribunal held that INEC led evidence by way of cross-examination in line with pleadings and that INEC is not bound to cal a particular witness. That the Petitioners have not discharge the onus to show non-compliance was substantial.

Yusuf Alli SAN submitted that Section 140(2) of the Electoral Act as amended has been held by a full panel of the Supreme Court to be applicable before Tribunals and Court of Appeal sitting as Presidential election Tribunal and not ordinary courts.

engineerboat:
Yusuf Alli SAN held that the Tribunal held that INEC led evidence by way of cross-examination in line with pleadings and that INEC is not bound to cal a particular witness. That the Petitioners have not discharge the onus to show non-compliance was substantial.

The judge then asked him Why didn't He explain this to the tribunal in the first place

engineerboat:
Chief Olujinmi submitted that it was erroneous for the Tribunal to rely on certified true copies of Forms EC8A having held that the documents were dumped on the Tribunal

Chief Olujimi

84 witnesses were called

Cross-examined by You personally

Does it mean you are Cross-examining a dumped form ec8A

The 84 Witnesses tendered their pink copies of EC8As as well as the corresponding CTCs.

From my understanding
Once a witness tenders an exhibit as well as testify to them, those exhibits CANNOT be deemed to have been dumped.

engineerboat:
Chief Wole Olanipekun representing Gov Oyetola has submitted that the majority judgment of the Tribunal should be nullified because Justice Obiora that did not sit throughout the proceedings wrote the judgment and reviewed evidence of witnesses he did not see.

Chief Olanipekun

There are court records available on that day, even this Appeal Court will refer to and rely on these same records of the Tribunal proceedings.

Chief Olanipekun' s your only ground of appeal is that Justice Obiora absent for 1 day of the Tribunal sittings that lasted 4 Months. Ignoring the fact that the only 2 witnesses were called on that day out of about 100 Witnesses called!

How substantial?


The ball is now at the Appeal panel court

Keeping my fingers crossed in anticipation of the eventual outcome.

We are winning this...PDP...Power to the People!

Imole de okunkun parada ni ipinle osun.

engineerboat:

Judgment in the appeal of Governor Oyetola is reserved and date will be communicated.

judgement before may 20

Igbos go dance tire today

make i collect sit jejely de wait for judgement

Are we expecting judgement today?

Congrats to Sen Adeleke in advance...

Congrats to all PDP supporters in advance...

Today by God's grace we all will be smiling!