Appeal Court Gives Governor Akala Nod To Contest

Justice Stanley Shenko Alagoa, Justice Sidi Bage, Justice Modupe Fasanmi and Justice J.S. Ikyegh of the Appeal Court sitting in Ibadana, the Oyo State capital, Southwest Nigeria, have unanimously given the nod to the state, Governor Adebayo Alao-Akala, to contest the 26 April governorship election.

They gave the ruling today during the hearing  of the appeal filed by 37 politicians, including Elder Wole Oyelese, former  minister and deputy governor during the 11-month illegal administration of Governor Adebayo Alao-Akala.
The 37 applicants who failed to stop the conduct of the congresses and primary of Peoples Democratic Party (PDP) had approached the court to nullify the PDP primary that produced Akala as the party’s flag bearer in the governorship election on the ground that the primary did not follow  due process and the laws of the land.

But all their attempts to ensure that the court conclude adjudication on the matter before the election failed this afternoon as the appellant court  unanimously ruled that the hearing of the suit has to continue after the election on 26 April.

The court refuse to give a date for further hearing.

Commencing the day’s proceedings, Justice Alagoa said that the record of Justice Jonathan Sharkarho of the Federal Court, Adeoyo Road transmitted to the appellant court for the purpose of the appeal was not complete as argued by counsel to Akala.

Pointing out that there were omissions of relevant aspects of what transpired in the lower court, Justice Alagoa described the application as meritorious and admitted exhibits B and C as part of the record of the court as canvassed by Akala’s lawyers.

While Mr. Akeem Afolabi representing Fagbemi in the court and Chief Richard Akinjde lauded the court for granting their prayer, Akeredolu refused to comment on the ruling and proceeded to move an application earlier filed to abridge time for the parties to file their briefs and accelerated hearing on the substantive matter.
Afolabi and Akinjide opposed the application on the ground that the court lacked jurisdiction over the matter.
In his argument, Afolabi stated that the motion was not ripe for hearing and asked the court to adjourn the matter.
He stated that all the parties in the matter were in the court for ruling not for hearing of a motion, and urged the court to abide by Section 6 sub-section 3 and 5 of the 1999 Constitution.

He cited three authorities which include Wema Bank Nigeria Limited Vs.Odulana reported in 2000, seven weekly law report, part 663, page 1 particularly page 6-8, Kano against Bauchi Mint Product Company reported in 1978 NSS page 481 at page 485, and Olubusola Stores against Standard Nigeria Limited reported in 1975.

Akinjide agreed with the argument of Afolabi, stressing that a date should be taken for the motion.
Replying, Akeredolu stated that the argument of the two counsel were baseless, pointing out that application does not come for mention but for hearing.

Noting that the authorities cited were irrelevant, he noted that it was too bad buying time in a case like this, adding that the case at hand has a time limit.

Afolabi further replied, saying that the court lacked jurisdiction over the matter and it could not exercise its discretion on the matter.
Justice Alagoa after about twenty minutes recess overruled the respondents and said, “We shall proceed for hearing”.
Moving the application, Akeredolu stated that the motion was brought pursuant to order 17 rule 4 and 11 and order 19 rule 2 of the court of appeal rules 2007.

He prayed for a departure from the rule by abridging the time within which to file briefs of arguments in the matter and order accelerated hearing of the suit. He supported his application with 11-paragraph affidavit.

Afolabi however opposed the application with a counter-affidavit of 27 paragraphs sworn to on April 4, 2011 by Rasheed Isamotu.
He noted that since the motion was predicated on the 2007 court of appeal rule which has been repealed and substituted by the court of appeal rule which became effective on April 1^st 2011, the application could not be heard and urged the court to dismiss it.
Afolabi further asked that should the court over rule his argument, he should be given 14 days to file his briefs out of 30 days he is entitled to.

Agreeing with Afolabi, Akinjide in a counter affidavit filed March 30, 2011 sworn to by  Adekunle Rufai which consist of 29 paragraphs, he said that because the motion was based on incomplete record of court, he could not reply, saying the motion be dismissed.

But Akeredolu revealed that the said application was filed on March 24, 2011 before the new rules came into existence, noting that the rule he used was the rule in existence as at the time of filing this application.

Admitting that he failed to refer the lordship to the corresponding rules which are order 18 and 19, he argued that even without doing so, the court should grant the application.

According to him, his motion which was formerly covered by rule 17 and 19 is now under rules 18 and 20.
He countered Chief Akinjide’s argument with a fact that he had no application before the court, hence he has no right to supply the court with supplementary record as argued.
Again, after retiring into their chambers for about twenty minutes, the judges said that considering the fact that there is Easter holiday and governorship election, the application to accelerate the hearing could not be taken.

Justice Alagoa said, “There will not be movement on 26 April which is the governorship election day. The application is hereby refused”.

Without giving the counsel to the partiesopportunity to respond, Justice Alagoa said: “The court will rise for 15 minutes”.
The abrupt conclusion of the court left everybody in confusion as all parties started asking for clarifications and date for further hearing.

Even counsel to all the parties could not do anything than laugh at the drama that played out in court.

However, there was jubilation in the camp of Governor Akala as the coast is now clear for Akala to contest the governorship poll.
PDP supporters who flooded the court were seen rejoicing and dancing, saying that as they won in the court, they will also win the governorship poll.

By Gbenro Adesina/Ibadan