Hearing continues in the appeal of Engineer Rauf Aregbesola against the judgment of Thomas Naron-led Osun State Governorship and Legislative Houses Tribunal which upheld the election of Olagunsoye Oyinlola at the Court of Appeal in Ibadan on Monday, 2nd February, 2008.
The Court of Appeal sitting in Ibadan led by Justice Victor Omagie is expected to give a ruling on Monday on an interlocutory appeal against refusal by the members of the Osun State Governorship and Legislative Houses Tribunal to disqualify themselves from further adjudication in the election petition of Engineer Rauf.
Aregbesola the Action Congress candidate in the April 14 2007 gubernatorial election, predicated upon the alleged contents of the MTN call logs revealing telephone conversations and exchange of text messages between Justice Thomas Naron, the Chairman of the Tribunal and ‘Kunle Kalejaiye SAN, a lead Counsel to Governor Olagunsoye Oyinlola.
The Notice of Appeal filed on the 29th day of July, 2008 and the amendment filed on 5th day August 2008 and raise issues of bias or likelihood thereof against the lower Tribunal. Aregbesola’s lawyers have also filed an application within this appeal to adduce additional evidence by admitting the certified true copy of the call logs supplied by MTN. It will be recalled that the first attempt to bring the controversial MTN call logs to the cognition of the tribunal and to compel MTN officials to come forward with the authentic call logs and give evidence was refused by the Thomas-led tribunal.
The details of the three interlocutory appeals and the appeal on the substantive judgment yet to be decided on are:
1. Appeal on refusal by the Tribunal to admit Forms EC8D and EC8E which are the comprehensive results of the election on local government by local government basis. (filed on the 29th July, 2008.)
2. Appeal on refusal on by the Tribunal to grant the application of the Petitioners to call Tunde Yadeka as an additional witness. The appeal, which was filed on the 9th May, 2008, is seeking to bring in the excluded evidence of Tunde Yadeka, an information technologist expert, whose testimony demonstrated misapplication and stuffing of ballot papers.
3. Appeal on refusal on by the Tribunal to grant the application of the Petitioners to call Adrian Forty as an additional witness. Adrian Forty, a biometrics expert, was to give evidence on large scale multiple thumb-printing of ballot papers in the Osun State Governorship Election. The appeal was filed on 3rd March, 2008.
4. Appeal on the final judgment was filed on the 4th of August, 2008 and it challenges the final decision of the Tribunal on 31 grounds. In the main, the Appellants are challenging the decision of the Tribunal on the grounds of substantial errors of law and improper evaluation of oral and documentary evidence occasioning grave miscarriage of justice.
Engineer Aregbesola’s legal team will be led by Kola Awodein, SAN. Other lawyers in the team are: Charles Edosomwan, SAN, Deji Sasegbon, SAN, Femi Ifaturoti, Wale Afolabi, Gbenga Akano, Ajibola Basiru, Kunle Adegoke, Tope Adebayo, Yinka Okedara, Bayo Badmus, Alfred Uwaka, Tayo Olatunbosun, Adetunji Ajagbe, Biodun Akinloye among others.
Signed by; Oyintiloye Olatunbosun, Personal Assistant on Media and Public Relations