1st November, 2010
The two parties involved in the appeal suit in Osun State 2007 governorship election today adopted their written addresses before the Court of Appeal sitting in Ibadan presided over by Justice C.D. Ogunbiyi.
Other members of the panel are: Justices M.T. Garba, P.A. Galinge, P.C. Nwite and A. Jauro.
First to adopt his written address was Akin Olujimi, SAN, who led other counsel for Engr. Rauf Aregbesola, the ACN candidate. After making some corrections, the counsel submitted his address.
Olujimi addressed the court on issues one, four, six, seven and eight of his brief. He argued that the 2007 election in Osun was characterised by irregularities and noncompliance with the provisions of the Electoral Act in 10 local governments and districts.
According to Olujimi, the local court (tribunal) erred in its judgement which favoured Governor Oyinlola of PDP, stressing that if the results of the 10 local governments in dispute were nullified, his client, Aregbesola, should be declared as the lawful winner of the 2007 governorship election in Osun State.
Aregbesola’s lead counsel also argued that despite the 75 witnesses called by the appellant, it was wrong for the tribunal to have stated that he (Aregbesola) did not call witnesses.
He argued that the evidences of the 75 witnesses who were polling supervisors were reliable and competent.
Olujimi further argued that all the allegations raised before the lower court were not criminal as held by the tribunal; saying that the failure of the Independent National Electoral Commission, INEC, to carry out its duties were not criminal but civil.
He said: “the tribunal failed completely to consider all these irregularities.
“He thereby urged the appellate court to upturn the judgement of the tribunal and declare Aregbesola the winner.
However, “Yusuf Alli, SAN, representing Governor Oyinlola, urged the court to dismiss the appeal, arguing that the polling supervisors called as witness by Aregbesola were not known to law as per section 62 of the Electoral Act.
Alli stated that the court should not use the case of Fayemi versus Oni to judge the case.
He said the document tendered by Aregbesola were not linked to his case. Therefore, court should disregard them.
“The reliefs sought by the applicant are declarative in nature which cannot be accepted except they are proved beyond reasonable doubt,†Oyinlola’s counsel averred.
Responding to Alli’s argument, Olujimi maintained that Aregbesola validly won the election.
Aregbesola attended the court session in company of ACN chieftains. The court session was held under very tight security.
After the argument from both sides, the appellate court did not announce any date for judgement.
—Gbenro Adesina/Ibadan