30th March, 2011
The Osun State Action Congress of Nigeria has alleged plot by the Peoples Democratic Party to upturn the decision of the Court of Appeal confirming the victory of Governor Rauf Aregbesola in the April 14,2007 election.
Speaking at a press conference this morning, Kunle Adegoke, Managing Partner, M. A. Banire and Associates, counsel to the Osun State governor said: “Plans by the PDP, Osun State, to upturn the decision of the Court of Appeal confirming the victory of the ACN in the April 14, 2007 elections have been uncovered.
“In steps unparalled in desperation, the agents of destruction in Osun State who populate the PDP have perfected their diabolical plans to file an application at the Supreme Court for a review of the decision of the Court of Appeal in the case of Aregbesola v. Oyinlola,” he said.
He said: these agents of destruction have procured the service of some handlers in the Supreme Court who are deceiving them that the same procedure used to arrest the decision of the Court of Appeal in the Sokoto governorship election petition could still be deployed to upturn the decision of the Court of Appeal in Aregbesola v. Oyinlola.
He said: “They have, therefore, briefed their lawyers to approach the Supreme Court with a motion on Notice praying â€˜for an order reviewing the judgement of the Court of Appeal in Aregbesola v. Oyinlola’s case and setting aside the said judgment delivered on 26th day of November, 2010.â€™
“They are also praying for an order â€˜nullifying the said judgement and reinstating Oyinlola as the governor of Osun State and whereof his tenure has expired before the determination of the motion on notice, directing INEC to immediately conduct a fresh election in Osun State.”
Adegoke noted that it is known to all that the decision of the Court of Appeal in governorship election petitions under the Constitution of the Federal Republic of Nigeria, 2007, Section 246 thereof, is final, adding that no appeal lies anywhere, not even the Supreme Court in any decision of the Court of Appeal under the said section 246 of the 1999 Constitution.
“The present amendment done in 2010 cannot be used to vest jurisdiction in the Supreme Court to dabble into a matter in respect of which the Court of Appeal is the final authority as such amendment cannot be applied retroactively.”
“We have noted with utter dismay, the desperate moves by the elements in PDP who have refused to accept their fate. The court has clearly stated its findings that Oyinlola did not win the 2007 governorship election in Osun State and his illegal occupation of the office of governor in Osun State till November 26, 2010 was a product of rigging and shameless brigandage perpetrated on the people of Osun State by the PDP.
“This is final and absolutely infallible simply because the reasoning of their lordships is absolutely infallible whether in fact, law or logic and no effort to drag the Supreme Court or any other court to constitute an appeal over this decision would succeed,” he averred.
Speaking further, he said,”we consider it imperative to implore their lordships of the Supreme Court not to allow themselves, as revered officers in the highest temple of justice, to be drawn into this diabolical agenda of the PDP who are hell bent on destroying the entity called Nigeria to satisfy their evil gusto for power.
“Their lordships of the Supreme Court should realise that we do not, as a people, deserve the unnecessary ignonimy that the Sokoto misadventure has plunged us into whereby our judiciary and the apex court, in particular, are being accused of corruption and partisanship.
“It is the imprescriptible hallmark of a court to remain an impartial arbiter in all matters in respect of which it has jurisdiction and to avoid like the plaque, any matter in which it has no jurisdiction. Descending to the arena of third party conflict and taking sides with unscrupulous elements in misadventures would only shatter whatever remains of the integrity of our present Supreme Court.”
By Jamiu Yisa