Akure—AN appeal filed bythe Peoples’ Democratic Party, PDP, governorship candidate in the August 9, 2014 governorship election in Osun State, Senator Iyiola Omisore against the verdict of the Osun State Election Petition Tribunal that upheld the re-election of Governor Rauf Aregbesola was yesterday dismissed by the Appeal Court sitting in Akure, Ondo State.
It also upheld the cross appeal filed by the All Progressives Congress, APC, that Omisore’s petition ought to have been dismissed by the trial tribunal headed by Justice Elizabeth Ikejime as the pre-hearing notice was filed out of the time required by law.
The five-man panel headed by Justice Gana Mshelia in an unanimous decision upheld the argument of Aregbesola’s counsel, Mr Akin Olujimi, SAN, and dismissed the appeal filed by Omisore’s council, Dr Alex Izinyon, SAN, for incompetence.
Justice Mshelia said that the ground for the appeal did not arise from the judgment of the tribunal.
INEC had declared Governor Aregbesola of APC the winner of the August 9 governorship election held in Osun State.
Dissatisfied with the pronouncement of INEC, Omisore asked the election petition tribunal sitting in the state to either order for fresh election or declare him the winner of the election.
He cited different irregularities and substantial non-compliance with electoral rules and corrupt practices to buttress his case.
The tribunal, however, dismissed the petition of the PDP’s candidate and upheld the victory of Aregbesola.
He thereafter proceeded to the Appeal Court asking it to set aside the judgment of the lower tribunal.
However, before considering the main appeal, the court upheld the preliminary objections by Aregbesola and APC’s counsel challenging ground 13 of the Notice of Appeal.
The Court of Appeal in holding that the ground of appeal is incompetent, held that the ground does not arise from the judgment of the tribunal.