(The Nation)The Court of Appeal sitting in Akure will on Tuesday hear the
suit filed by the Action Congress of Nigeria (ACN) and its candidate in
last October’s governorship election in Ondo State, Mr. Oluwarotimi
Akeredolu (SAN).
ACN and Akeredolu are challenging the judgment of the Governorship
Election Petition Tribunal, which declared Dr. Olusegun Mimiko winner of
the election.
Their counsel, Mr. Titiloye Charles, said he received a notice that the case would be heard on Tuesday.
The appellants said the tribunal “caused a miscarriage of justice”
when it rejected their expert’s evidence, which it admitted earlier.
They said the tribunal did not properly evaluate the evidence of
their 41 witnesses, which were not challenged by the respondents.
The appellants said even though their evidence of irregularities and
non-accreditation of voters were corroborated on cross-examination by
Mimiko’s 14 witnesses, the tribunal ruled that it lacked sufficient
evidence to cancel the election.
They said despite proof of illegal injection of names into the 2012
voters’ register, the panel refused to void the “compromised register”
on the grounds that it lacked jurisdiction to adjudicate on the matter.
They said “Section 131(5) of the Electoral Act”, which the tribunal relied upon to decline jurisdiction, does not exist.
The appellants alleged that the judgment was full of inconsistencies,
saying in one part, the tribunal ruled that the 118 documentary
evidence tendered by ACN were demonstrated before the tribunal, and in
another part, it ruled that they were not demonstrated but dumped on the
tribunal, thus appropriating and reprobating its judgment.
They said what was in contention was irregularity and non-compliance
with the Electoral Act, not the allegation of crime as ruled by the
tribunal.
The appellants urged the Court of Appeal to order a fresh election,
since the respondents failed to defend the allegations of corrupt
practices and non-compliance with the Electoral Act.
The first respondent (Mimiko) is challenging the Court of Appeal’s jurisdiction to hear the ACN’s appeal.
He said some grounds of the appeal were argumentative, repetitive and without particulars.
Mimiko is praying the Court of Appeal to strike out the ACN’s appeal.
The Labour Party (LP) and the Independent National Electoral Commission
(INEC), who are co-respondents, have filed their briefs.
All the briefs of argument have been fixed for adoption on Tuesday.
The 60-day duration the Court of Appeal has to decide on the appeal and give its judgment will lapse on July 1.
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