By Demola Akinyemi

ILORIN—The Appellate Court, sitting in Ilorin, Kwara State, has reserved judgment on the case filed by Dr Kayode Fayemi, the 2007 candidate of the Action Congress of Nigeria, ACN, challenging the election of Governor Segun Oni of the ruling Peoples Democratic Party, PDP, of Ekiti state.

Justice Isa A. Salami, the Presiding Judge, who is the President of the Court of Appeal, announced this yesterday shortly after listening to the final addresses of counsels to both the appellants and respondents. Justices Salami led other four justices in the appeal.

Dr Fayemi is challenging the split decision of three against two of the trial tribunal, thus giving victory to PDP governorship candidate.

Lead Counsel to Governor Segun Oni (1st respondent), Chief Adebayo Adenipekun, SAN, urged the court to allow the cross appeals by discountenancing the appellant’s appeal.

He posited that “but for the submission on burden of proof, the entire brief is devoted to urging your lordships to review the facts made by the lower court.

The question is the appellant alleging no election at all or challenging the accuracy or correctness of the election itself? I submit that in this case what the appellant did was to allege irregularities and malpractices.”

Also, Counsel to PDP, Obafemi Adewale, aligned and adopted the argument of the first respondent, saying he had formulated two issues for the court to determine.

According to him: “The tribunal was right in declaring Oni winner of the election as the appellant in both oral and documentary evidence failed to prove non-compliance and substantially enough to have affected the result of the election.

“The appellant failed woefully to prove allegation of crime beyond reasonable doubt. It is our submission that the findings of the trial tribunal be upheld.

We urge your lordships to uphold the principle of substantial non-compliance as contained in Section 146 Sub-section 1 of the Electoral Act 2006, in dismissing this appeal and upholding the judgement of the tribunal.”

However, in his prayers, the Lead Counsel to Dr Fayemi (Appellant), Mallam Yusuf O. Ali, SAN, urged the court to grant the appellant’s appeal.

He also prayed the court to dismiss the respondents’ cross appeals and uphold “our preliminary objection to the cross appeals with substantial cost.”

He argued that “their lordships at the trial tribunal failed to evaluate properly the documentary evident tendered before the court.

Continuing, he said,” What happened at the lower tribunal where we had split decision of three against two had simplified our appeal. Our averment now is for your lordships to decide which the correct judgment between the majority and minority.

“It is our humble submission based on the evidence at the trial tribunal that the majority judgment of their lordships failed to take advantage of the respondents’ witnesses. The appellant served subpoena on INEC to produce electoral materials from Ido-Osi local government area, but they failed claiming that the materials had got burnt. We therefore submit that the trial tribunal ought to have invoked Section 149B of the Evidence Act.”