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Ogun State Governor, Dapo Abiodun, the ruling All Progressives Congress (APC), and the Independent National Electoral Commission (INEC), have described the appeal filed against the ruling of the Ogun State Governorship Election Tribunal by the People’s Democratic Party (PDP) candidate in the 2023 gubernatorial election, Ladi Adebutu, as lacking in merit and ambitious.
This is just as the Court of Appeal, sitting in Lagos, yesterday, reserved ruling in the appeal filed by Adebutu against the re-election of Governor Abiodun after listening to the argument of the parties.
Adebutu is challenging the September 30 ruling of the election tribunal, which upheld Governor Abiodun’s victory.
At the hearing of the appeal, the Court of Appeal said the date for judgement would be communicated to the parties and three days notice would be given.
Earlier, counsel to the appellant, Chris Uche, urged the court to grant his clients’ appeal and set aside the decision of the tribunal. He argued that the tribunal erred when it failed to consider the case on its merit before proceeding to dismiss the petition before it.
In response, A.J Owonikoko, urged the court to dismiss the appeal for lacking merit. On the issue of 49,000 disenfranchised voters which the appellants raised, he pointed out that the appellants only called 48 witnesses instead of all the alleged disenfranchised voters, whose disenfranchisement was to be proven.
He added that the court could not amplify 48 witness to 49,000 witnesses, as the appellants wanted.
Similarly, appearing for the second respondent, Chief Wole Olanipekun, also urged the court to throw out the appeal, while identifying and adopting his brief. He stated that contrary to the position set out by Chief Uche, the decision in Atiku’s case completely encapsulated the issues in the appeal.
He argued that in that appeal, the Supreme Court simply adopted completely the decision of the Court of Appeal delivered by this court.
He added that incidentally, the same Samuel Oduntan, who was rejected as a witness by the Court of Appeal in Atiku’s case metamorphosed into a PW 93 in this appeal. In response to the court, he undertook to provide the court with a copy of the judgment.
Olanipekun also identified about eight key findings of the trial tribunal that the appellants did not challenge, adding that the appellants have abandoned about five grounds of appeal.
On the margin of lead, he contended that there was nothing for the court to even consider. He urged the court to dismiss the appeal for lacking merit.
In response, Dr. Onyechi Ikpeazu, who identified third respondent’s counter-affidavit and written address filed on November 8, 2023, also prayed the court to dismiss the application. He pointed out that the appellants misstated the prayer in the motion because the prayer is to strike out the list of authorities.
