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From Lateef Dada, Osogbo
Independent National Electoral Commission (INEC) has filed a 44-ground of appeal seeking the order of an appellate court to set aside the decision of tribunal on the Osun State governorship election.
In the notice of appeal filed by Paul Ananaba, yesterday, INEC sought an order, dismissing or striking out the petition of the respondents for want of competence and jurisdiction.
The appellant argued that the name of a member of the panel, Rabi Bashir, did not appear on the title of the judgment claimed to be delivered by the majority.
According to the appellant, “the judgment delivered by the lower tribunal for the conduct of the Osun State governorship election petition tribunal, sitting in Osogbo on Friday, January 27, is a nullity.
“The judgment is not a complete judgment of the said election petition. Tribunal Member 2 was one of the members of the said tribunal who heard the petition but did not reduce her judgment or opinion in writing capable of being delivered on the day fixed for the delivery of the judgment.
“Each of the members of the tribunal must express his/her opinion in writing. The judgment is a breach of Section 294 of the 1999 Constitution (as amended). The judgment delivered by Tertsea Aorga Kume was jointly signed on the last page of the judgment by Tribunal Member 2, Rabi Bashir (chief magistrate).
“Section 294 (1) and (2) of the constitution does not admit of joint judgments. The judgment of the tribunal herein is incurably a nullity for being in breach of the said Section 294 (1) and (2) of the Constitution,” the appellant said.
