ABUJA – The Abuja Division of the Court of Appeal, on Wednesday, reserved its judgment on the appeal Governor Adegboyega Oyetola of Osun State filed to set-aside the tribunal verdict that sacked him from office.
Other members of the appellate court panel that heard all the appeals on Wednesday were Justices Abubakar Yahaya, Ita Mbaba, Isaiah Akeju and Bitrus Sanga. For instance, he told the appellate court that though Justice Obiora was not present when the case was heard on February 6, and did not sign the record of proceeding for that day, he however included what transpired on that day in the lead verdict he delivered.
Besides, Ikpeazu noted that going by processes before the court, while Justice Obiora’s name was listed on the record of proceeding for February 6, his signature was however missing on the signature page. “In a case where over 100 witnesses testified, they have nor proved how the evidence of two witnesses that testified on the day they contended that Justice Obiora was not around, rendered the entire judgment of the tribunal a nullity.
“We hold that the cancellation was unlawful and ultra-vires of his powers.The cancellation cannot stand, being a product of illegality”, the tribunal held. Maintaining that the petitioners successfully established a case of non compliance in 17 polling units during the initial election of September 22, 2018, the the tribunal, went ahead and deducted votes that were credited to both PDP and APC in those units.
Though a third member of the panel, Justice Ayinla Gbolagunte concurred with the lead judgment and also declared Adeleke winner of the Osun governorship election, however, Chairman of the tribunal, Justice Ibrahim Sirajo, said he disagreed with the verdict, insisting that the petition lacked merit and ought to be dismissed.
In his first ground of appeal, Oyetola contended that the majority decision of the tribunal amounted to a nullity as it was written and delivered by Justice Obiora who he said did not participate in all the proceedings of the tribunal and was not present when all the witnesses gave evidence. “The writing of and or the participation of the honourable justice P. C. Obiora in the writing of the judgment of the lower tribunal of 22nd March 2019 and delivery of same, vitiates the entire judgment”, he argued.
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