The ruling All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) have criticized the People’s Democratic Party (PDP) candidate in the 2023 gubernatorial election, Ladi Adebutu, for filing an appeal against the ruling of the Ogun State Governorship Election Tribunal, calling it “meritless and ambitious.”
On Tuesday, after hearing both sides’ arguments, the Court of petition in Lagos adjourned without rendering a decision in Adebutu’s petition challenging Governor Abiodun’s re-election.
Adebutu is contesting the electoral tribunal’s 30 September decision that confirmed Governor Abiodun’s victory in the gubernatorial election held on 18 March.
After all processes were adopted by the parties at Tuesday’s appeal hearing, the Court of Appeal reserved judgement. The court said the date for ruling will be conveyed to the parties and three days notice would be given.
Chris Uche, SAN, appellant’s counsel, argued that the court should hear the case and overturn the tribunal’s ruling.
He argues that the court made a mistake by dismissing the petition without first examining the merits of the case.
A.J. Owonikoko SAN, in response, urged the Court to throw out the appeal since it was without merit. He argued that the 49,000 disenfranchised voters the appellants claimed existed weren’t actually represented in court because the appellants only summoned 48 witnesses.
Further, he stated that the Court cannot expand the number of witnesses from 48 to 49,000 as the Appellants have requested.
Chief Wole Olanipekun, SAN, who was representing the 2nd Respondent, argued that the appeal should be dismissed when introducing and adopting his brief.
He argued that the verdict in Atiku’s case fully encompasses the grounds in this appeal, in contrast to the stance brought forward by Chief Uche SAN.
He claims that the Supreme Court merely agreed with this court’s verdict on appeal and didn’t provide its own opinion.
He went on to say that coincidentally, the same Samuel Oduntan who was disqualified as a witness in Atiku’s case has suddenly appeared as PW 93 in this appeal. He promises to send the Court a copy of the judgment per the Court’s request.
Olanipekun also found that the Appellants did not contest eight major findings made by the Trial Tribunal and that they had dropped five of their original seven grounds for appeal.
On the margin of lead, he maintained that there is nothing for the Court to even examine. He argued that the Court should reject the appeal since it had no basis in law.
Similarly, in his Counter-Affidavit and Written Address filed on 8 November 2023, Dr. Onyechi Ikpeazu SAN asked the court to throw out the motion.
He argued that the appellants’ motion was improperly worded because it did not request that the List of authorities be struck out.
For the Appellants, we had Chief Chris Uche SAN, Chief Gordy Uche SAN, Olumuyiwa Obanewa SAN, O Lawal SAN, and Abduljaleel Musa SAN; for the 1st Respondent, we had A J Owonikoko SAN, Dr. Remi Peter Olatubora SAN, D O Atti-John SAN, and Chiamaka I Nwamanam SAN.
The 2nd Respondent was represented by Chief Wole Olanipekun, CFR, SAN, Professor Taiwo Osipitan SAN, Mrs. Titilola Akinlawon SAN, Kehinde Ogunwumiju SAN, and Bode Olanipekun SAN, who appeared with Mrs. Olayemi Badewole; the 1st Respondent was represented by Dr. Onyechi Ikpeazu OON, SAN,
Mismob Media