Oyo Senate Battle: Appeal Court Orders Retrial Of Okediran’s Petition

The Court of Appeal in Ibadan, capital of Oyo State, on Monday heard an appeal filed by the Action Congress of Nigeria (ACN) candidate in Oyo North Senatorial District, Dr. Wale Okediran in which he challenged the election of Senator Hosea Agboola of the Peoples Democratic Party (PDP).

The court comprising Justice Stanley Alagoa, Justice Modupe Fasanmi and Justice Joseph Ikyegh in a unanimous decision held that the lower tribunal erred in dismissing Dr. Okediran’s petition merely because the appellant/petitioner requested for pre-hearing notice out of time.

The court also stated that the tribunal lacked the jurisdiction to have determined the interlocutory application jointly with the substantive petition and that the issue before the tribunal was whether the petitioner filed an application for pre-hearing notice or he did not file any at all.

Justice Alagoa stated: “I now remit the petition back to the tribunal to be heard by a fresh panel to be re-constituted by the President of Court of Appeal”.

Reacting, the petitioner, Dr. Okediran and his lead counsel, Mr. Oluwarotimi Akeredolu (SAN) lauded the decision, stressing that it was a sound judgment.

While Akeredolu said that he is prepared for full trial again at the lower tribunal, Okediran said, “This time, I will get my mandate that people have given me at the lower court. I am sure of victory because the first tribunal did what was wrong in its judgment against me. I am happy that the appellant court has redressed the mistake made by the tribunal.”

In another development, the National Assembly and state Houses of Assembly tribunal in Oyo State today dismissed an election petition filed by Chief Oyebisi Ilaka of Accord Party against the election of Senator Ayo Adeseun of ACN representing Oyo Central.

The ruling was delivered by the chairman of the panel, Justice Frank Chukwuemeka Nwizu. Other members of the panel are: Justice Alaba Omolaye and Honourable Kadi Muhammed Alkali.

The tribunal dismissed the case as a result of the petition being addressed to a wrong tribunal saying that the petition was addressed to an unknown tribunal.

The tribunal struck out the petition on the strength of the ruling of the court of appeal which stated that the tribunal should not have allowed an amendment carried out by the petitioner.

The tribunal stated that it lacked jurisdiction to entertain the case, saying that there is no tribunal, bearing governorship and legislative election tribunal which the petition was addressed to.

Ilaka had amended his original petition because it was wrongly addressed with wrong heading. Ilaka was later allowed by the tribunal to amend his petition with proper heading.

Adeseun through his counsel, Akeredolu challenged the order granted by the tribunal allowing Ilaka to amend his petition at the court of appeal, Ibadan.

The appellate court in its ruling held that the lower tribunal was wrong to have allowed Ilaka to make the amendment and it sent it back to the tribunal.

On the strength of the ruling of the Appeal Court, Akeredolu filed a motion seeking for the dismissal of the petition which has been granted by the tribunal with N25,000 cost to each of the respondents which are: Adeseun, ACN and Independent National Election Commission (INEC).

—Gbenro Adesina/Ibadan