The appeals 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 comes up tomorrow 1st December, 2008.
The appeals which comprise four interloculory appeals and the appeal on the substantive judgment has been slated for hearing at the Court of Appeal in Ibadan on Monday, 1 December, 2008.
1. The details of the interlocutory appeal are: (1) Appeal on the refusal by the members of the Tribunal to disqualify themselves in view of the revelation in the MTN call logs revealing telephone conversation and exchange of text messages between Justice Thomas Naron, the Chairman of the Tribunal and ‘Kunle Kalejaiye SAN, a lead Counsel to Governor Oyinlola. The Notice of Appeal was filed on the 29th day of July, 2008 and raises issue of bias against the lower Tribunal. There is an application in this appeal to adduce additional evidence by admitting the certified true copy of the call logs supplied by MTN.
2. 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. The appeal was filed on the 29th July, 2008.
3. Appeal on refusal on by the Tribunal to grant the application of the Petitioners to call Tunde Yedeka 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.
4. 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 biometric expert, was to give evidence on large scale multiple thumb-printing of ballot papers in the Governorship Election. The appeal was filed on 3rd March, 2008.
5. Appeal on the final judgment was filed on the 4th of August, 2008 and challenged the final decision of the Tribunal on 31 grounds of appeal. 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, Ajibola Basiru, Kunle Adegoke, Tope Adebayo, Yinka Okedara, Bayo Badmus, Alfred Uwaka, Wale Afolabi, Tayo Olatunbosun, Gbenga Akano, Adetunji Ajagbe, Biodun Akinloye among others.
PERSONAL ASSISTANT TO ENGR. RAUF AREGBESOLA