A Court of Appeal sitting in Lagos has reserved its judgment in an appeal filed by the Peoples Democratic Party (PDP) candidate, Ladi Adebutu, challenging the ruling of the Ogun state governorship tribunal which upheld governor Dapo Abiodun’s election as the winner of March 18 election.
Recall that, Justice Hamidu Kunaza-led tribunal had on September 30 dismissed the petition filed by the PDP and Adebutu for lacking merit.
The tribunal held that the petitioners failed to prove allegations of over voting, rigging and non compliance in the election.
Not satisfied by the judgement Adebutu and his party approached the Court of Appeal to challenge the tribunal’s ruling.
Legal counsel representing both parties appeared before the court for hearing of the appeal on Tuesday.
Addressing the court, Abiodun, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), urged for the dismissal of the appeal filed by the Peoples Democratic Party (PDP) and its candidate, Ladi Adebutu.
They told the 3-man panel of justices, led by Justice Joseph Shagbaor Ikyegh that the appeal by Adebutu and PDP, lacked merit and was ambitious.
Leading the charge, counsel to first Respondent (INEC), A.J. Owonikoko SAN urged the Court to dismiss the appeal for lacking in merit.
Reacting to the issue of 49,000 disenfranchised voters, raised by the Appellants’ counsel (Chief Chris Uche SAN), Owonikoko referred to paragraphs 4.37 to 4.40 at pages 18 and 19 of his Brief to point out that Appellants only called 48 witnesses.
He maintained that in cases of disenfranchisement, all the disenfranchised voters must be called as witnesses but Appellants did not do so and concluded that the Court cannot amplify 48 witnesses to 49,000 witnesses as Appellants want.
Counsel to the 2nd Respondent (Prince Abiodun), Chief Wole Olanipekun SAN, stated that contrary to the position set out by Chief Uche SAN, the recent decision of the Supreme Court in the Atiku v. INEC case completely encapsulates the issues in the appeal.
He argued that in that appeal, the Supreme Court simply adopted in toto the decision of the Court of Appeal, adding that incidentally, the same Samuel Oduntan who was rejected as a witness by the Court of Appeal in Atiku’s case metamorphosed as PW 93 in the appeal under consideration.
In response to the court’s demand, Chief Olanipekun promised to provide a copy of the judgment.
