The Appeal Court on Wednesday reserved Judgement In the suit filed by the candidate of the All Progressives Congress APC, Governor Gboyega Oyetola to invalidate the March 22 Judgement of the Election Petitions Tribunal that declared Senator Ademola Adeleke of the PDP winner of the election.
At the maiden hearing of the Appeal Court today in Abuja attended by both parties and Governor Oyetola accompanied by a few aides, the Judges reserved judgment in the Appeal by Chief Wole Olanipekun SAN And Chief Akin Olujinmi SAN, two of Oyetola’s lead counsels to a later date which will be communicated.
A series of tweets by Dr Ajibola Basiru, one of the counsels of the APC currently at the hearing communicated the development.
Here are the updates courtesy @DrSRJ_
”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.”
”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.”
“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 Appeal.”
“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.”
