The Oasis Reporters
May 18, 2019
Gubernatorial candidate of the People’s Democratic Party in the 2018 election,Senator Ademola Adeleke has filed a notice of appeal at the Supreme Court against the majority ruling of the Court of Appeal, praying the apex court to set aside the ruling of the Appeal Court and uphold the decision of the Osun State Election Petition Tribunal.
Osun state Election Petition Tribunal had ruled that Senator Adeleke was the rightful winner of the 2018 governorship election, having satisfied the constitutional requirements of majority votes and spread across local governments of the state.The tribunal also nullified the rerun election of September 27, 2018.
The Appeal Court had reversed the ruling,nullifying the decisions of the tribunal and reinstating Gboyega Oyetola as the winner of the election.
Dr Onyechi Ikpeazu, SAN leading six other Senior Advocates of Nigeria and 17 other senior counsels have however this week, filed four appeals against each of the four majority judgements of the Court of Appeal. The appeals were against majority judgement in favour of Gboyega Oyetola, All Progressives Congress, 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, that 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, premised on 31 grounds of appeal. Senator Adeleke listed particulars of errors committed by the Court of Appeal 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 the Court of Appeal and sought the following:
An order of the Supreme Court allowing his appeal,
An order of the Supreme Court setting aside judgement of the Court of Appeal and restoring the judgement of the tribunal delivered on the 22nd of March, 2019.
The fourth judgement appealed against was that against the cross appeal based on 13. While listing particulars of errors committed by the Court of Appeal, Senator Adeleke seeks the following reliefs from the Supreme Court namely:
An order allowing this appeal and setting aside the decision of the lower court which dismissed the appeal;
An order granting reliefs sought in appellate case in the cross appeal
An order restoring the paragraphs struck out from appellate replies to the 2 and 3 respondents replies;
A declaration that the appellants won the election in issue by a wider margin than what was found by the lower tribunal in view of the substantial non compliance with the electoral act 2010 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 Ogunwumiju,SAN.
Other senior counsels on the team include Niyi Owolade, L.N.Iheanacho, Edmund Biriomoni, Wole Jimi-Bada and 13 others.
This was contained in a release signed by Niyi Owolade Esq and issued by the Senator Ademola Adeleke media department.