The ruling party All Progressives Congress, APC, still has a serious battle to fight in its bid to retain the seat of power it won in the South West Osun State.
This is because the candidate of the Peoples Democratic Party in the September 2018 governorship election in Osun state, Senator Ademola Adeleke has continued his fierce battle against Governor Gboyega Oyetola of the ruling APC over the outcome of the election.
Adeleke has approached the Supreme Court, seeking a reversal of the decision of the Court of Appeal that declared candidate of the APC, Oyetola, as the winner of the poll, The Punch reports.
A statement by Niyi Owolade, Legal Director, Adeleke Campaign Organisation, obtained by our correspondent in Osogbo on Saturday, said Adeleke in his appeal, wants the apex court, to uphold his victory at the tribunal, which nullified Oyetola’s election.
It will be recall that Osun state Election Petition Tribunal had ruled that Senator Adeleke was the rightful winner of the 2018 governorship election.
However, the Court of Appeal reversed the ruling and set aside the decision of the tribunal and reinstated Gboyega Oyetola as the winner of the election.
The statement said six Senior Advocate of Nigeria, led by Dr Onyeachi Ikpeazu, as well as, 17 other senior lawyers, filed four appeals against each of the four majority judgements of the Appeal Court.
Other Senior Advocates of Nigeria that will appear with Ikpeazu include; Chief N.O.O Oke, SAN; Dr Paul Ananaba, SAN; Emeka Etiaba, SAN; Emeka Okpoko, SAN; and Kehinde Ogunwuminju, SAN. Other senior lawyers in the team are Niyi Owolade, L.N.Iheanacho, Edmund Biriomoni, Wole Jimi-Bada and 13 others.
The statement reads, “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, 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 22nd of 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 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.
The reliefs sought by Adeleke also include; a declaration that the appellant 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 appellant had already won the election in issue upon conclusion of the 22nd September election.
The matter is yet to come up at the apex court. Meanwhile, each of the two camps involved in the legal battle has to prepare for the the all important legal clash at the Supreme Court as the decision of the court on the issue is final as far as the struggle to occupy the seat of the Governor of Osun State is concerned.
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