Friday 31 May 2019

Supreme Court Fixes 24th June for Hearing of Adeleke's Appeal Against the Abuja Court of Appeal Judgement

The Supreme Court of Nigeria has fixed 24th June 2019 for the hearing of appeal filled by candidate of Peoples Democratic Party (PDP), Senator Nurudeen Ademola Adeleke against the judgment of the Court of Appeal which upheld the election of Gboyega Oyetola as the duly elected Governor in the last year September governorship election in Osun State.

The Supreme court gave the notice of hearing of the appeal filed by the Peoples Democratic Party’s candidate yesterday, Thursday 30th June 2019.

Recall that on May 9, 2019, the Court of Appeal sitting in Abuja upturned the decision of election petition tribunal which faulted the declaration of Gboyega Oyetola as Governor of Osun State by the Independent National Electoral Commission (INEC).

With the announcement from the Apex Court, it is believed that this last leg would put an end to many months of legal firework and uncertainties that have continued to trail the last year gubernatorial election in the State.

Other respondents in the case are the All Progressives Congress and the Independent National Electoral Commission.

A week after the appeal court judgment, Dr Onyeachi Ikpeazu, SAN led six other Senior Advocates of Nigeria and 17 other senior counsels to file four appeals against each of the four majority judgements of the appeal court.

The judgment were against majority judgement in favour of Gboyega Oyetola, All Progressives Congres, the Independent National Electoral Commission and the striking out of the cross appeals of Senator Adeleke.

The first Appeal was against the majority lead judgement delivered by Justice J.H.Sankey, it is premised on 13 grounds. Senator Adeleke is seeking the following reliefs from the Supreme Court;
*To allow the appeal,
*Set aside the judgement of the appeal Court delivered in favour of Oyetola,and *Dismiss Oyetola’s appeal against the decision of the Tribunal.

The second appeal is against the judgement delivered in favour of the APC, is premised on 31 grounds of appeal. Senator Adeleke listed particulars of errors committed by the appeal court and sought the following reliefs from the Supreme court:

To allow this appeal ,
Set aside the decision of the appeal court and *Dismiss the appeal of the respondent against the judgement of the tribunal.
The third judgement appealed against was the ruling in favour of INEC, it is based on 17 grounds Senator Adeleke listed particulars of errors committed by the judges of Appeal Court and sought the following:

An order of the supreme Court allowing his appeal,
An order of Supreme Court setting aside judgement of Court of Appeal and restoring the judgement of tribunal delivered on the 22ndof March.
The fourth judgement appealed against was that against the cross Appeal based on 13.While listing particulars of errors committed by the Appeal Court, Senator Adeleke seeks the following reliefs from the Supreme Court namely;

an order allowing this appeal and setting aside decision of lower court which dismissed the the appeal;
*An order granting reliefs sought in the appellate case in the Cross Appeal
*An order restore the paragraphs of Cross-Appeal appellate replies to the 2 and 3 respondents replies;
A declaration that the appeal declaration election appellants a wider margin than what was found by the lower tribunal in view of the substantial noncompliance with the noncompliance as amended; and
*A declaration that the rerun of 27th was null and void and of no effect as the appellants had already won the election in issue upon conclusion of the 22nd September election
Other Senior Advocates of Nigeria with Dr Ikpeazu in the appeal include Chief N.O.O Oke,SAN;Dr Paul Ananaba,SAN;Emeka Etiaba,SAN;Emeka Okpoko,SAN; and Kehinde Ogunwuminju, SAN.

Other senior counsels on the team include Niyi Owolade, L.N.Iheanacho, Edmund Biriomoni, Wole Jimi-Bada, and 13 others.

(Culled from OsunDefender Online Tweet)

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