Candidate of the Peoples Democratic Party (PDP) in the September 2018 Osun State governorship election, Senator Ademola Adeleke, has filed a notice of appeal at the Supreme Court against the decisions of the Court of Appeal.
Senator Adeleke is praying the apex court to set aside the ruling of the appeal court and uphold the decision of the Osun election petition tribunal.
His suit comes after the Appeal Court had on May 9, 2019, set aside the judgement of the Governorship Election Tribunal which nullified the victory of Governor Gboyega Oyetola because of its ‘faulty composition’.
Earlier, the 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.
Dr Onyeachi Ikpeazu (SAN) leading six other Senior Advocates of Nigeria and 17 other senior counsels 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 Congress (APC), 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, 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.
- Order of Supreme Court setting aside the judgement of the Court of Appeal and restoring the judgement of the tribunal delivered on the 22nd of March.
The fourth judgement appealed was 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 the decision of the lower court which dismissed the appeal.
- An order granting reliefs sought in the appellate case in the Cross-Appeal
- An order restoring the paragraphs struck out from appellate replies to the 2 and 3 respondents;
- 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.
- A declaration that the rerun of 27th 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 counsels on the team include Niyi Owolade, L.N.Iheanacho, Edmund Biriomoni, Wole Jimi-Bada and 13 others.