By Michael Ofulue

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Mr Gboyega Oyetola of the All Progressives Congress (APC), had asked the Court of Appeal, Abuja to declared Gov. Ademola Adeleke of Osun state unqualified to have contested the July 16, 2022 poll in which he emerged as winner over alleged certificate forgery.

Oyetola, whose candidacy in the poll was affirmed by a tribunal, made the prayer in a cross appeal marked:CA/AK/EPT/GOV/03/2023 filed before the three-member panel headed by Justice Mohammed Shuaibu.

It was gathered that the 1st and 2nd cross appellants in the case are Oyetola and the APC respectively.

In the matter, the Independent National Electoral Commission (INEC), Adeleke and the PDP are the 1st to 3rd cross respondents respectively.

Reports has it that Adeleke had, in an appeal marked: CA/AK/EPT/GOV/01/2023, prayed the court to set aside the judgment of the Osun tribunal delivered on Jan. 27 which upturned his victory at the poll.

Adeleke, who dragged Oyetola, APC and INEC before the appellate court as 1st to 3rd respondents respectively, urged the panel to dismiss the tribunal’s judgment.

Onyechi Ikpeazu, SAN, who was counsel to Adeleke, challenged the decision of the tribunal which nullified the victory of his client in the governorship election.

Ikpeazu, argued that a member of the tribunal, who was also a chief magistrate, did not air her opinion during the judgement delivery, rather, he said she only appended her signature and the constitution mandated her to have aired her views about the suit.

But Oyetola’s counsel, Lateef Fagbemi, SAN, disagreed with Ikpeazu.

The senior lawyer submitted that mere signing of the judgment, and not making any comment could not have rendered the judgment invalid.

He further argued that Justice Terste Kume, who headed the tribunal, in the open court, made a pronouncement while delivering the judgment using the expression, “We, members of the tribunal…,” to imply that the decision was unanimous.

He also argued that there was over-voting in

Also, Adeleke’s lawyer, Ikpeazu, urged the court to dismiss the cross appeal.

He argued that since Oyetola and APC were the petitioners before the tribunal, they ought to have called evidence to prove their case, and not the respondents.

Alex Iziyon, SAN, lawyer to the PDP, also aligned with Ikpeazu’s submission.

After taking arguments from counsel to the parties, Justice Shuaibu reserved judgment in the case.