The Court of Appeal has reserved judgment on the appeal filed by the All
Progressives Congress (APC) challenging the election of Governor Ayo
Fayose in the June 21, 2014 governorship election in Ekiti State.
The five-man panel led by Justice Abdu Aboki, which sat in Ado-Ekiti for about three hours yesterday, adjourned for judgment after listening to counsel to all parties in the appeal.
Respondents in the appeal are the Peoples Democratic Party, Fayose, the Independent National Electoral Commission (INEC), Chief of Army Staff and the Inspector General of Police.
The APC is challenging Fayose's qualification for the June 21election on grounds of his alleged impeachment on October 16, 2006.
The party also dragged the governor to court over alleged forgery of academic certificates and violation of Code of Conduct Rules.
The Election Petitions Tribunal had on December 19, 2014, upheld Fayose's election and dismissed the APC petition.
Counsel to APC, Hakeem Afolabi (SAN), adopted and relied on all briefs filed on behalf of the appellant (APC) in the proceedings, urging the court to allow the appeal and grant all the reliefs sought by the appellant.
Afolabi drew the attention of the court to paragraphs 110-120 and 125a of the petition that were struck out by the tribunal, which borders on the qualification of the 2nd Respondent (Fayose).
The APC counsel argued that the reason given by the Tribunal couldn't be accommodated under Section 138 (a) of the Electoral Act. Afolabi insisted that there was no time limit to raise an issue that bordered on qualification of a candidate.
Afolabi further contended that the decision of the tribunal was taken suo moto and that the right to fair hearing of the appellants was breached.
But, the Counsel to PDP, Robert Emukpoeruo, while opposing Afolabi's submissions argued that not only did the tribunal strike out the paragraphs in contention, it also considered the merit of the complaints of the appellants.
Fayose's counsel, Yusuf Ali (SAN), urged the court to dismiss the APC appeal, arguing that the constitution of the panel that recommended Fayose's impeachment violated constitutional provisions in that it was not set up by either a Chief Judge or an Acting Chief Judge.
The senior advocate also told the panel that the petitioner, who lost in the 16 local government areas only called 11 witnesses, six of which came from Ado-Ekiti alone and did not call witnesses in other 10 local government areas.
Ali urged the court to dismiss the appeal for lacking merit.
The five-man panel led by Justice Abdu Aboki, which sat in Ado-Ekiti for about three hours yesterday, adjourned for judgment after listening to counsel to all parties in the appeal.
Respondents in the appeal are the Peoples Democratic Party, Fayose, the Independent National Electoral Commission (INEC), Chief of Army Staff and the Inspector General of Police.
The APC is challenging Fayose's qualification for the June 21election on grounds of his alleged impeachment on October 16, 2006.
The party also dragged the governor to court over alleged forgery of academic certificates and violation of Code of Conduct Rules.
The Election Petitions Tribunal had on December 19, 2014, upheld Fayose's election and dismissed the APC petition.
Counsel to APC, Hakeem Afolabi (SAN), adopted and relied on all briefs filed on behalf of the appellant (APC) in the proceedings, urging the court to allow the appeal and grant all the reliefs sought by the appellant.
Afolabi drew the attention of the court to paragraphs 110-120 and 125a of the petition that were struck out by the tribunal, which borders on the qualification of the 2nd Respondent (Fayose).
The APC counsel argued that the reason given by the Tribunal couldn't be accommodated under Section 138 (a) of the Electoral Act. Afolabi insisted that there was no time limit to raise an issue that bordered on qualification of a candidate.
Afolabi further contended that the decision of the tribunal was taken suo moto and that the right to fair hearing of the appellants was breached.
But, the Counsel to PDP, Robert Emukpoeruo, while opposing Afolabi's submissions argued that not only did the tribunal strike out the paragraphs in contention, it also considered the merit of the complaints of the appellants.
Fayose's counsel, Yusuf Ali (SAN), urged the court to dismiss the APC appeal, arguing that the constitution of the panel that recommended Fayose's impeachment violated constitutional provisions in that it was not set up by either a Chief Judge or an Acting Chief Judge.
The senior advocate also told the panel that the petitioner, who lost in the 16 local government areas only called 11 witnesses, six of which came from Ado-Ekiti alone and did not call witnesses in other 10 local government areas.
Ali urged the court to dismiss the appeal for lacking merit.
0 comments:
Post a Comment