Entertainment | Gist | Hollywood | Events | Celebrity Gossips!!!
Friday, April 03, 2015
Aregbesola: A’Court Throws Out Omisore’s Appeal
The Court of Appeal sitting in Akure has upheld the decision of the lower tribunal, dismissing the appeal filed by the Peoples Democratic Party’s candidate in the August 9, 2014 governorship election in Osun State, Iyiola Omisore.The court, on Thursday, accepted the defence of Governor Rauf Aregebsola of the All Progressives Congress that Omisore’s petition ought to have been dismissed as an abandoned petition in the first instance by the State Election Petition Tribunal before hearing by the Justice Elizabeth Ikpejime-led tribunal.
The Justice Gana Mshelia-led Appeal Court, in a unanimous decision, dismissed Omisore’s appeal for incompetence, stressing that the grounds of the appeal did not arise from the judgment of the tribunal.
In determining the appeal, the court adopted the seven issues raised by the appellants and upheld the preliminary objections by Aregbesola and the APC’s counsel, while resolving the issues against the appellant.
Referring to the Tribunal’s judgment, the Appeal Court noted that the decision of the tribunal was that Aregbesola’s counsel did not make any admission, and held that Omisore failed to appeal this specific decision of the tribunal.
The Court of Appeal further held that the evidential burden on the appellant to prove his case would only shift to the respondent, if the appellant had put forward cogent, credible and reliable evidence of non- compliance, which the appellant had failed to do in the appeal.
It also resolved that contrary to the complaint of the appellants, the tribunal applied standard of proof on preponderance of evidence in relation to allegation of non-compliance and malpractices.
The court also upheld the cross-appeal filed by Aregbesola when he dismissed the PDP and Omisore’s petition as having been abandoned for failure to comply with the requirement of filing pre-hearing notice within the stipulated time under paragraph 18 of First Schedule to the Electoral Act, 2010, as amended.
It however stated that the tribunal was wrong to have saved the petition relying on paragraph 53(1) of the 1st Schedule to the Electoral Act “because Paragraph 53(1) only applies where the 1st Schedule to the Electoral Act does not provide for the consequences of non-compliance with the rules.”
The Court of Appeal was convinced that paragraph 18(4) expressly provided for consequences of failure to issue application for pre-hearing notice.
Omisore has, however, vowed to appeal the dismissal.
Omisore, who spoke to one of our correspondents on the telephone through his media aide, Mr. Victor Oriola, said he was not going to let the alleged manipulation of the August 9, 2014 governorship election go without fighting it to the very end.
He said, “We will go through the whole gamut of the legal process. We believe we have a good case and we will pursue it to the end.
“All the areas overlooked at the tribunal and the Appeal Court will be visited by the Supreme Court.”
Reacting to the Court of Appeal’s verdict, the APC in Osun State hailed the judgment, describing it as a confirmation of the rejection of Omisore by the majority of the people of the state.
The Director of Publicity of the APC in Osun State, Mr. Kunle Oyatomi, said this in a statement in Osogbo on Thursday.
The statement read, “Even if Omisore decides to go as far as the Supreme Court to plead his phantom victory at that election, he will also fail, because the people’s will not to elect him as the governor of the Osun State is emphatic.”
It will be recalled that Justice Elizabeth Ikpejime- led Election Petitions Tribunal had on February 6th dismissed Omisore’s petition against Aregbesola.
Not satisfied with the verdict of the lower tribunal, the petitioner had filed an appeal against it to the Appeal Court in Akure, the Ondo State capital.
But the appellate court also dismissed the PDP candidate’s appeal.
Subscribe to:
Post Comments (Atom)
TRENDING
-
Nigerian swinger, 35 year old Edmund Echukwu (pictured left) died after drowning in a swimming pool at a swingers' party in an upmar...
-
He spent the night with popular transgender Shauna Brooks who shared the pic on her instagram page. Shauna was born male but removed hi...
-
According to the person who shared the pictures on twitter, these are alleged Boko Haram members disguised as women. They had an accident...
-
The Agatu people of Benue State, under the aegis of Agatu Network Forum, have called on the Federal Government to protect them, saying they...
-
An adviser to the Ohanaeze Ndigbo, Prof. Chinedum Nwajiuba, represented the South-East at the last National Conference. In this interview,...
-
NIGERIANS are determined to save their country. They may never get credit for the efforts they make to get the country going, but there ...
-
Taking sleeping pills bought over the counter or from a doctor on prescription and other anti-anxiety drugs will make you develop an unh...
-
Dr. Emman Sheu is one of the leaders of #Bringbackourgirls (BBOG) advocacy group asking for the safe rescue of the 219 kidnapped Chibok...
-
Ex Super Eagles skipper, Joseph Yobo, has just welcomed a new baby boy into their family.
-
During his performance at Star Music Trek in Sapele, Delta state over the weekend, an unidentified lady grabbed 2face from behind, pulled...
No comments:
Post a Comment