By Gbenga Ariyibi
ADO EKITI—The Court of Appeal, Ado Ekiti Division has reserved judgment on the appeal filed by the All Progressives Congress, APC, in Ekiti State challenging the victory of Ekiti State Governor, Mr. Ayo Fayose at the June 21, 2014 governorship election.
*Ayo Fayose
Mr. Fayose, the Peoples Democratic Party, PDP, candidate emerged winner having defeated Dr. Kayode Fayemi of APC in all the 16 local councils of the state. Not satisfied with the results declared by the Independent National Electoral Commission, INEC, Fayemi approached the tribunal praying that Fayose was not qualified to contest the election having been impeached as the governor of the state in 2006 among others
But the election petitions tribunal on December 19, 2014 dismissed the petition and upheld Fayose’s election.
At yesterday’s sitting at the Court of Appeal, the five-man panel led by Justice Abdu Aboki after hearing submissions of both parties adjourned for judgment
In the APC appeal, respondents are Peoples Democratic Party (1st), Fayose (2nd), Independent National Electoral Commission (3rd), Chief of Army Staff (4th) and Inspector General of Police (5th).
Grounds of APC’s appeal arethat he ,Fayose was not qualified to stand election as a candidate by virtue of his purported impeachment from office on 16th October 2006.
Others are the alleged forgery of academic certificates and violation of Code of Conduct Rules.
In the suit ,counsel to APC, Hakeem Afolabi (SAN) had adopted and relied on all briefs filed on behalf of the Appellants (APC) in the proceedings urging the Court to allow the appeal and grant all the reliefs sought by the appellants.
The counsel called the attention of the tribunal to to the striking out of paragraphs 110-120 and 125a of the petition by the lower tribunal which borders on Fayose’s qualification.
Afolabi pointed out that the reason given by the Lower Tribunal cannot stand under Section 138 (a) of the Electoral Act.
The legal practitioner added that there was no time limit to raise an issue that borders on qualification of a candidate. He further pointed out that the decision of the tribunal was taken suo moto and that the right to fair hearing of the Appellants was breached.
Counsel to PDP, Robert Emukpoeruo kicked against Afolabi’s submission, arguing that not only did he tribunal strike out the paragraphs in contention, it also considered the merit of the complaints of the appellants.
Fayose’s counsel, Yusuf Ali (SAN) urged the court to dismiss the APC appeal.
According to Alli, the constitution of the panel that recommended Fayose’s impeachment had violated constitutional provisions as it was not set up by either a Chief Judge or an Acting Chief Judge citing Nwakama v Abaribe 2010 All Federation Weekly Law Report pt 505 1767at 1789-1790 para f-e.
Alli further disclosed that the petitioner who lost in the 16 local government areas only called 11 witnesses six of which came from Ado- alone and did not call witnesses in the other 10 LGAs.
He therefore urged the Court to dismiss the appeal for lacking merit.
INEC counsel, Wilcox Abereton; counsel to the Chief of Army Staff, Abayomi Sadiku and counsel to Inspector General, Olusola Oke in adopting their briefs of argument urged the court to dismiss the appeal.
After the submissions of counsels to all parties, chairman of the panel, Justice Aboki reserved judgment in the appeal. No date has been fixed for the judgment
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