Following the outcome of the Appeal Court ruling on Osun election in Abuja on 9th May, the candidate of the Peoples Democratic Party, PDP, Senator Ademola Adeleke has hired seven senior advocates of Nigeria, and 17 other senior counsels to challenge the judgement at the Supreme Court.
It should be recalled that four of the five Appeal Court judges sitting on the appeal filed by the candidate of the All Progressives Congress, APC, Mr Gboyega Oyetola, to challenge the verdict of election tribunal on the September 22 gubernatorial election in the state had ruled in his favour, declaring him winner of the contest.
The election petition tribunal had earlier declared Adeleke winner by the majority judgement delivered on March 22, which made Oyetola, the APC, and Independent National Electoral Commission, INEC to challenge the verdict at the appellate court.
Dr Onyeachi Ikpeazu,SAN , leading six other Senior Advocates of Nigeria and 17 other senior counsels had however this week filed four appeals against each of the four majority judgements of the appeal court.
The appeals specifically challenge majority judgement in favour of Oyetola, APC, and INEC, including the striking out of the cross appeals of Senator Adeleke.
It also prayed the apex court to set aside the ruling of the appeal court and uphold the decision of the Osun election petition tribunal.
The first Appeal was against the majority lead judgement delivered by Justice J.H.Sankey, which premised on 13 grounds. Adeleke is seeking the following reliefs from the Supreme court:
*To allow the appeal
* To set aside the judgement of the appeal Court delivered in favour of Oyetola
*To dismiss Oyetola’s appeal against the decision of the Tribunal.
The second appeal is against the judgement delivered in favour of the APC, which premised on 31 grounds of appeal. Adeleke listed alleged “errors” committed by the appeal court and sought the following reliefs from the Supreme court:
* To allow this appeal
* To set aside the decision of the appeal court
*To dismiss the appeal of the respondent against the judgement of the tribunal.
The third judgement appealed against was the ruling in favour of INEC, which based on 17 grounds. Adeleke listed alleged “errors” committed by the judges of Appeal Court and sought the following:
* An order of the supreme Court allowing his appeal, and an order of Supreme Court setting aside judgement of Court of Appeal and restoring the judgement of tribunal delivered on the 22nd of March.
The fourth judgement appealed against was that of the cross appeal based on 13 grounds .While listing alleged “errors” committed by the Appeal Court, Adeleke seeks the following reliefs from the Supreme Court namely:
* An order allowing his appeal and setting aside decision of 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 appellant won the election 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.
*A declaration that the rerun of 27th September was null and void and of no effect as the appellant had already won the election in issue upon conclusion of the 22nd September election .
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