The Supreme Court on monday fixed July 5 to deliver its Judgement on the dispute arising from the September 2018 governorship Election in Osun State.
Senator Adeleke had filed four seperate appeals before the apex court to challenge the Abuja Court of Appeal’s decision affirming Adegboyega Oyetola as the winner of the Poll.
However,prior to the adjournment mild drama had entrued before the court as Senator Ademola Adeleke Counsel admitted errors in his processes before the Apex Court today.
Report from the court reveals that Senator Ademola Adeleke counsel, Dr Ikpeazu had a recess from the court to correct defects in his papers. As he admitted that the notice of the appeal was not attached as Exhibit and apologised to the court for the failure but was asked to refer to the Record.
It was gathered that the Plaintiff Counsel,Dr Ikpeazu, who had all the time after the Appeal Court judgement since May 9,2019 to file their papers and serve other parties, still came to the Apex court on monday with application to amend 1st and 2nd Respondents to read 1st and 2nd Appellants,of which the decision in the particular appeal filled by Adeleke is to be binding on the two other appeals while the fourth appeal will be heard and a Judgement delivered on it Separately.
Such unpardonable error of not being able to distinguish between an elementary legal terms of a Respondent and an Appellant unarguably reflects the gross incompetence of the appeal.
At the Apex Court Adeleke’s Counsel still brought another motion to amend the name of the Counsel appearing under the signature.
It was also dramatic when the court initially said they did not have copies of the counter affidavit until copies were later produced by the court Registry.
Adeleke’s lawyer further raised issue of motion and the presiding CJN asked what the motions were all about.
The established principle of Natural Justice that ” who comes to equity must come in clean hand” came to play as the confidence exhuming lead counsel of Governor Oyetola and the ruling APC, Chief Wole Olanipekun adopted and relied on the counter affidavit and written address to dismiss the application.
He said the application was vague, no attachment, and the application was complicit, submitting that the prayer can not be granted.
However,the Appellants’ lawyer,Dr. Onyechi Ikpeazu (SAN),urged the Apex court to uphold his clients’ appeal and upturn the Judgement of the appeal Court.
While Oyetola’s lawyer,Chief Wole Olanipekun(SAN), the Counsel for the Independent National Electoral Commission,Mr. Yussuf Ali (SAN) and that of APC urged the Apex Court to dismiss the Appeal on Monday.