By Ngozi Ekhator
The 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 decisions 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 election petition tribunal. This was contained in a statement by Adeleke’s legal Council.
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 government 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 Onyeachi Ikpeazu (SAN) leading six other Senior Advocates of Nigeria and 17 other senior counsel had however this week filed four appeals against each of the four majority judgements of the appeal court.
The appeals were against majority judgement in favour of Gboyega Oyetola, All Progressives Congres, 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, 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 particlulars 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;
* 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 Sept 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 Ogunwuminju, SAN.
Other senior counsel on the team include Niyi Owolade, L.N. Iheanacho, Edmund Biriomoni, Wole Jimi-Bada and 13 others.