Despite finding the appeal of the candidate of the All Progressives Congress (APC) in the last governorship election in Oyo State, Dr. Adebayo Adelabu, meritorious, the Court of Appeal, said yesterday that it could neither order a retrial nor rerun, because the matter was statute barred.
The Appeal Court sitting in Ibadan, in a unanimous judgment delivered by Justice Abubakar Yahaya, held that but for the time limitation placed by law, it would have remitted Adelabu’s petition questioning the declaration of Makinde as winner of the March 9 governorship election in Oyo State to the lower tribunal for a retrial.
It, however, said it was unfortunate that the time limit of 180 days for the tribunal had been exhausted, stating that the judgment of the lower tribunal that dismissed Adelabu’s petition against Makinde’s election as the governor was perverse, therefore, set aside the judgment that upheld the election of Makinde as declared by the Independent National Electoral Commission (INEC).
It also ordered that the status quo before the tribunal’s judgment should remain, which is the return and declaration of Makinde as winner of the governorship poll in Oyo State.
Justice Yahaya, the lead judge of the four-man panel, disagreed with the tribunal on issues bordering on documents tendered by the APC.
He held that the documents tendered by the appellants ought to have guided the tribunal through proper investigation, stressing that the pieces of evidence were also not adequately evaluated.
The lead judge noted that the tribunal had committed a miscarriage of justice by its failure to analyse the tendered documents and its failure to evaluate the pieces of evidence presented by the APC.
Reacting to the judgment, Makinde said the mandate of the people given to him remained intact following the ruling of the Court of Appeal.
Makinde, in a statement by his Chief Press Secretary, Mr. Taiwo Adisa, added that the mandate cannot be taken through the backdoor.
He said: “There is no ambiguity as to the state of things in our pacesetter state as far as the election of March 9, 2019, is concerned. Our party, the Peoples Democratic Party (PDP), won the election.
Your email address will not be published. Required fields are marked *
Your Name (required)
Your Email (required)
2019 Powered By ClearviewTV
Design By HighlyDemanded