The Abuja division of the court of appeal has fixed today for the hearing of the appeal filed by the Governor state of Osun, Mr. Gboyega Oyetola and the All Progressives Congress, challenging the judgment of the state’s governorship election petitions tribunal which nullified their election.
Governor Oyetola had in his 39-ground notice of appeal filed, urged the court of appeal to nullify the majority judgment, which he argued was perverse, replete with contradictions and not supported by evidence led by the petitioners.
The appellant, through his lead counsel, Chief Wole Olanipekun (SAN), who filed the notice of appeal on his behalf, asked the court of appeal to uphold his appeal, and not only set aside the tribunal’s majority judgment but to also dismiss the last year’s petition by the PDP and Senator Adeleke.
He also contended, among others, that the majority judgment was a nullity on the basis that it was written by Justice Obiorah “who did not participate in all the proceedings of the tribunal and who was not present when all the witnesses gave evidence.
The appellant also argued that the tribunal acted without jurisdiction by anchoring its decision to grant the petitioners’ prayers and set aside his return on the basis of allegations of non-compliance with the electoral act, in relation to the September 22 governorship election.