The Court of Appeal in Akure presided over by Hon. Justice A. G. Mshelia, yesterday dismissed the appeal filed by the Peoples Democratic Party (PDP) and its candidate, Senator Iyiola Omisore, challenging the election of Osun State governor Rauf Aregbesola during the August 9 gubernatorial election in Osun.
The appellate court also upheld the Cross-appeal by Governor Rauf Aregbesola that Omisore’s petition ought to have been dismissed before hearing as an abandoned petition.
In determining the appeal, the court adopted the seven issues formulated by the Appellants, Omisore and PDP. However, before considering the main appeal, the court upheld the preliminary objections by Aregbesola and APC’s lawyer challenging Ground 13 of the Notice of Appeal. The complaint of the Appellant (Omisore and PDP) in that Ground 13 of appeal is that the tribunal failed to act on admission made by Aregbesola’s lawyer in a chart contained in their written addresses before the lower tribunal.
In a unanimous decision read by the presiding Justice of the Court of Appeal (JCA), Justice A. G. Mshelia, the appellate court held that the ground of appeal is incompetent and it does not arise from the judgement of the tribunal.
The Court of Appeal further held that the decision of the tribunal was that Aregbesola’s lawyer did not make any admission. Having failed to appeal this specific decision of the tribunal, the Court of Appeal held that Ground 13 is incompetent and consequently struck it out together with issue 5 formulated from the ground.
The appellate court also upheld the Cross-appeal by Governor Rauf Aregbesola that Omisore’s petition ought to have been dismissed before hearing as an abandoned petition.
In determining the appeal, the court adopted the seven issues formulated by the Appellants, Omisore and PDP. However, before considering the main appeal, the court upheld the preliminary objections by Aregbesola and APC’s lawyer challenging Ground 13 of the Notice of Appeal. The complaint of the Appellant (Omisore and PDP) in that Ground 13 of appeal is that the tribunal failed to act on admission made by Aregbesola’s lawyer in a chart contained in their written addresses before the lower tribunal.
In a unanimous decision read by the presiding Justice of the Court of Appeal (JCA), Justice A. G. Mshelia, the appellate court held that the ground of appeal is incompetent and it does not arise from the judgement of the tribunal.
The Court of Appeal further held that the decision of the tribunal was that Aregbesola’s lawyer did not make any admission. Having failed to appeal this specific decision of the tribunal, the Court of Appeal held that Ground 13 is incompetent and consequently struck it out together with issue 5 formulated from the ground.
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