Tribunal: Adeyeye, Olujimi Know Fate Soon
A court of Appeal in Ado Ekiti, the Ekiti state capital holding the National Assembly tribunal has adjourned the judgement sine die. The tribunal at the hearing today under Justice U I Adukwe Anyanwu supported by Justices Hamma Akawu Barka and E O Williams Dawodu at the end of the sitting made the pronouncements that the judgement day would be communicated to the parties.
Barrister Dayo Akinlaja leading others,Abiodun Fasakin, Afolabi Ojuawo, T Olukayode, J Okoye, O Olanipekun and A Edunpola for the respondent.
Barrister Wahab Egbewole leading for the first and second respondent supported by Olalekan Olatawura, Dr. Ibrahim Unman, T N Olaitan, E A Orire, A A Oguntuase and Jude Osefeh while Barrister J D Oloyede leading O Safi for the third respondent, INEC.
Barrister R O Balogun also led Kabiru Akingbolu, Temitope Onifade, Femi Familusi, F O Akogun and H O Busari appeared for the 4th respondent, the All progressive congress.
Barrister Egbewole informed the court that he filled a motion on the 18th of October, 2019 and asked the court to strike out the appeal supported and relied on affidavit based on the appellant on the 3rd of October, 2019 sitting Ladoja v Ajimobi, Axubuikwe v peoples Democratic Party which he termed as abuse of court process and at the same time, his party sponsored him as a candidate can not separated from his political party and thereby urged the court to strike out the appeal.
Akinlaja in his own presentation informed the court that he filled his petitions on 23rd of October, 2019 made up of eighteen paragraphs with four exhibits and was based on the order 19 rules of the electoral act as amended ' where an appellant is belived not to have responded seams to acceptance ".
Base on this, he has the right to reject the judgement of the tribunal based on his appeal and the appellant did not argue the separation of candidate from the party that nominated him and asked the court to dismiss the preliminary objection and allow the appeal to go on. Akinlaja informed that 22,027 votes was cancelled which gave the appellant the edge which the tribunal should have struck out.
He opined that the recounting of ballot papers was not done in the court while relying on the p w 15 which was the agent of the first and second appellants which is not admissible as regard the Ladoja v Ajimobi at the supreme court which is speculative.
Egbewole in his own reaction informed the court that RW9 appeared in 1189 - 1193, volume 6 of the judgement which is the volume as evidenced under cross examination which also evidenced R11 and was also rendered which made the tribunal to be mindful of of the RW 10 and 15 that all the parties involved conducted the recounting together which made it not to be speculative.
He however stressed further that it was on notice at the initial petition that there would be inspection of electoral materials which they all signed in R11,attedant which was rendered as supported by third respondent.
Oloyede in his own submission for INEC has nothing against it as regard the paragraph 6 of the verdict.
Balogun represented All progressive congress also conceded to the agreement of the candidate that the party really sponsored the candidate. Balogun's concession brought a sharp reaction from Justice Anyanwu correcting Balogun that what he meant in his aguement supported Egbewole's position but later corrected himself in his allocutus. He lamented that the tribunal judgement actually affected APC as a party and asked the court to be joined and the appeal be allowed.
After carefully listened to the parties involved, Justice Anyanwu reserved his judgement and to be communicated in no distance time.