SUMMARY OF COURT OF APPEAL PROCEEDINGS By Ajibola Basiru,Phd

by Adabanija Kamorudeen

SUMMARY OF COURT OF APPEAL PROCEEDINGS
By Ajibola Basiru,Phd

ON THE APPEAL OF GOVERNOR OYETOLA
The appeal by Governor Oyetola is called for judgment and counsel are announcing appearance for the parties.

Dr Ajibola Basiru announced appearance with other lawyers for the Appellant, Gov. Oyetola. N.O.O. Oke SAN for Adeleke and PDP, Adesina Agbede for INEC and Dr Biodun Layonu SAN for the APC

The judgment are ready for collection today according to Justice Sankey so the summary will only be read in open court.

The leading judgment is being read by Justice Sankey and is reviewing the facts leading to the appeal

Appellant’s issues were adopted as they were similar to that of the Respondent

Issue 1 on whether the judgement is a nullity, the Appeal upheld the case of the Appellant and set aside the judgment as a nullity.

The Court of Appeal has no jurisdiction to make order as to retrial.

Because the Court of Appeal is a penultimate court, the court will proceed to consider other issue raised and issues 2 , 3 and 4 are also

Issue 5 resolved in favour of the appellant and the Petition is incompetent

On the issue of nullification of results in 17 polling units and declaration of Adeleke, the Court of Appeal resolved in the favour of the appellant. And that the result of the election is not vitiated so issues 6 to 10 were resolved in favour of the Appellant.pop

Issue 11 whether the Peition is statute barred resolved against the Appellant.

The Appeal of Governor Oyetola Succeds!!!! Alahamdulilahi!!!!

There is dissenting judgment by Justice Mbamba and the four other Justices agreed with the majority judgment.

Justice Mabamba reading dissenting judgment. He held that evidence of not sitting of Justice Obiora is speculative.

ON APC APPEAL
The Court is set to deliver the judgment in the Appeal by the APC. The issues are largely the same as the Appeal of Governor Oyetola. Counsel announced appearances.

Justice Yahya uphold the appeal of APC and also dismissed the petition of Adeleke and PDP!!!

Four of the Five appeal court justices upheld the appeal of the APC and dismissed the Petition of Adeleke and PDP. Justice Mbamba dissented.

ON THE APPEAL OF INEC
The court is set to deliver judgment in the appeal by INEC

Justice Sankey presiding reading the judgment in the Appeal by INEC.

Issues 1, 2 and 3 were considered together as to whether the Tribunal properly granted declarative reliefs sought by PDP and Adeleke in the circumstance and cancelling 17 polling units. The Court held that the absence of ballot account does not affect the election.

Justice Sankey also held that the Tribunal has no power to cancel results and recompute election results and that at the best the Tribunal could only order fresh election in accordance with section 140(2) of the Electoral Act.

Justice Sankey in allowing INEC appeal also held that the Tribunal was erroneous in cancelling the rerun election held on 27 September, 2018.

INEC appeal succeeded by decision of 4 of the 5 Justices. Justice Mbamba dissenting. He said he did not agree with the lead judgment.

ON THE CROSS-APPEAL BY PDP & ADELEKE
The Court is set to deliver judgment on the Cross-Appeal filed by PDP and Adeleke.

Justice Akeju to read the leading judgment in the Cross-Appeal filed by PDP and Adeleke

All the six issues raised by the cross-appeal by Adeleke and PDP were resolved against them. The Cross-Appeal was dismissed by all the 5 Justices unanimously. Justice Mbamba agreed with the remaining four justices in dismissing the cross-appeal of Adeleke and PDP.

Justice Sankey said they are always ready for their judgment to be tested on Appeal.

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