The Appeal Court sitting in Ibadan, Oyo State, this morning fixed 3 November forÂ hearing in the substantive case in the appeal filed by the Action Congress ofÂ Nigeria, ACN, governorship candidate in Osun State in the 2007 governorshipÂ election, Engr. Rauf Aregbesola.
At the resumed hearing of the appeal today, counsel to the police, Obisakin askedÂ for an extension of time to enable him file his response to the appeal.
The court granted his request and fixed 3 November for hearing.
Aregbesola filed the appeal against the verdict of the Justice Ali Garba retrialÂ tribunal on 28 May, 2010 which upheld the election of Governor Olagunsoye OyinlolaÂ in the 14 April, 2007 governorship election.
In his 69 grounds of appeal, Aregbesola faulted the tribunalâ€™s ruling that theÂ evidence given by his witnesses were mere allegations.
The Osun ACN candidate averred that the tribunalâ€™s position resulted from theÂ confusion of pleadings with evidence, which inhibited the tribunal from doingÂ justice in the case.
â€œThe tribunal showed a complete misapprehension of the true and proper effect of aÂ witness statement on oath properly adopted as in this case, which represents theÂ testimony of the witness.
â€œContrary to the holding of the tribunal, the evidence of the petitionersâ€™ witnessesÂ abundantly established the allegations contained in the petition,â€ he stated.
Aregbesola said the witnesses were not shaken under cross examination in theirÂ evidence, arguing that the tribunal ought to have accepted their evidence as proofÂ of the allegation in the petition.
He said the tribunal erred when it held that the evidence of non-counting of votes,Â non-announcement of results and what happened at various polling units ought to haveÂ come only from polling agents and not from the petitionersâ€™ ward supervisors whoÂ witnessed the events and failed to give proper consideration to the said evidence.