OSUN GUBER POLL: COURT OF APPEAL AFFIRM AREGBESOLA'S VICTORY

Akure division of the Court of Appeal, today sustained the judgment of the Election Petition Tribunal sitting on Oshogbo, which dismissed the appeal initiated by candidate of the Peoples Democratic Party (PDP), in the August 9, 2014 governorship election in Osun State, Senator Iyiola Omisore.

Besides, the appellate court allowed the defence of incumbent Governor Rauf Aregebsola of the All Progressives Congress (APC), which had  stated that the petition initiated by Omisore ought to have been dismissed as an abandoned petition in the first instance by the State Election Petition Tribunal before hearing by the Justice Elizabeth Ikpejime led tribunal.

The Court of Appeal, presided over by Justice Gana Mshelia in a unanimous decision, threw out Omisore’s appeal for lack of competence, on the grounds that the appeal did not arise from the judgment of the tribunal.

While determining the appeal, the appellate court adopted the seven issues raised by the appellants and upheld the preliminary objections raised by Aregbesola and APC’s counsel, while resolving the issues against the appellant.

In making reference to the election tribunal's judgment, the appellate court held that the decision of the tribunal was that Aregbesola’s counsel did not make any admission, and held that Omisore failed to appeal this specific decision of the tribunal.

The Appeal Court equally noted that the evidential burden on the appellant to prove his case would only shift to the respondent if the appellant had put forward cogent, credible and reliable evidence of non-compliance which the appellant had failed to do in the appeal.

The appellate court also declared that contrary to the complaint of the appellants, the tribunal applied standard of proof on preponderance of evidence in relation to allegation of non-compliance and malpractices.

The Court of Appeal also upheld the cross-Appeal instituted by Aregbesola when he dismissed PDP and Omisore’s petition as having been abandoned for failure to comply with the requirement of filing pre-hearing notice within stipulated time under paragraph 18 of First Schedule to the Electoral Act, 2010 as amended.

The appellate court however argued that the tribunal was wrong to have saved the petition relying on paragraph 53(1) of 1st Schedule to the Electoral Act because Paragraph 53(1) only applies where the 1st Schedule to the Electoral Act does not provide for the consequences of non-compliance with the rules.

The court stated that paragraph 18(4) expressly provided for consequences of failure to issue application for pre-hearing notice and that was the dismissal of the petition as having been abandoned.

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