INEC DELISTING: Court Clears Akala For April Poll

The Court of Appeal sitting in Ibadan, Oyo State capital, today struck out the two suits instituted against Governor Adebayo Alao-Akala from contesting the 2011 governorship election .

In an unanimous ruling by the three-member panel court comprising Justice Modupe Fasanmi, Justice Joseph Ikyeg and Stanley Alagoa who stood in for Justice Sidi Bage, it was affirmed that the suits against the governor lacked merit and were premature.

The governorship aspirant under Peoples Democratic Party (PDP) and former Minister of Power, Elder Wole Oyelese, Hazeem Gbolarunmi and 37 others had filed suit at the Court of Appeal, asking the court to nullify both the party congresses and primaries that produced Akala as the party’s flag bearer in the forthcoming election.

While the case was ongoing, an order earlier given by Justice Jonathan Shakarho restraining INEC from enlisting Akala as a candidate for PDP was vacated.This necessitated the appellant to appeal the order, alleging that the judge collected N50 million as bribe to give a biased ruling.

However, rather than waiting for 60 days for the lower court to compile its record and send to the appellant court, counsel to the appellant, Oluwarotimi Akeredolu (SAN), compiled the record and asked the court to depart from its rule to be able to entertain the suit urgently.

Giving a lead ruling today, Justice Modupe Fasanmi, stated that the two suits against the governor lacked merit, stressing that “the applications are premature, lack merit and thereby struck out.”

On the first leg of the suit in which the applicants asked the court to strike out Akala’s name from the suit, Justice Fasanmi said that the suit suffered incurable defect.

According to her, the suit could not succeed because notice of appeal which is the foundation of appeal was not included in the process before the court. She said the manner in which the suit was filled did not follow a due process.

On the second leg bordering on bundles of paper, she noted that the argument of the appellant counsel could not hold because the documents before the court were incomplete and could not be confirmed that they were from the lower court.

She further stated: “On the departure from the rule of court and the bundle of paper, the application also lacked merit. I refuse and accordingly strike it out.

Reacting to the ruling, Akeredolu and other counsel, Lateef Fagbemi (SAN) for PDP and Chief Richard Akinjide (SAN), commended the ruling as they described it as expedient and display of scholarship.

However, Akeredolu later urged the court to hear a fresh appeal with suit number CA/IB/55/2011, stressing that wining the matter is secondary but getting justice for the nation is paramount.

He begged the court to allow the court clerk to mention the case so that a date could be picked for further hearing.

But Fagbemi and Akinjide objected, saying that the matter was not before the court as it was not on the case list and none should be allowed to take other parties by surprise.

This degenerated into hot argument between the appellants and respondent counsel.

The judges aligned with the respondents’ counsel, saying that the mater that brought them to court had be determined.

They urged Akeredolu to send a letter for the hearing of fresh application.

Meanwhile, there were mixed reactions to the rulings today. While Akala’s supporters were seen jubilating about the judgement, supporters of the opposition were cursing Akala and Akinjide, alledging that Akinjide is not an indigene of Ibadan.

—Gbenro Adesina/Ibadan