Court of Appeal on the 11th of November, gave a judgment in the case between the candidate of the All Progressives Congress (APC) in the last governorship election in Oyo State, Dr. Adebayo Adelabu, and Governor Seyi Makinde who was a candidate of Peoples Democratic party stating that it could neither order a retrial nor rerun, because the matter was statute-barred.

For a better understanding of the decision of the Appeal Court on this matter, read the judgment obtained by TheNigerialawyer(TNL).

IN THE COURT OF APPEAL IBADAN JUDICIAL DIVISION HOLDEN AT IBADAN

BEFORE THEIR LORDSHIPS
HON. JUSTICE A. D YAHAYA – JUSTICE COURT OF APPEAL
HON. JUSTICE M. A. DANJUMA – JUSTICE COURT OF APPEAL
HON. JUSTICE I. O. ADKEJU – JUSTICE COURT OF APPEAL
HON. JUSTICE A. A. ADUMEN – JUSTICE COURT OF APPEAL
HON. JUSTICE J. Y. TUKUR – JUSTICE COURT OF APPEAL

APPEAL NO. CA/B/EPT/OY/GOV/26/2019
PETITION NO. EPT/ OY/GOV/91/2019

On their appeal against the judgement of the Governorship Election Petition Tribunal holden at Ibadan, Oyo state, delivered by HON. Justice Mohammed Ibrahim Suraju (Chairman), Hon. Justice (Khadi) Musa Hassan Bazza (member) and Hon. Justice Elizabeth Amadi-O (member) on the 16th day of September, 2019.

BETWEEN
1. ADELABU ADEBAYO ADEKOLA APPELLANTS
2. ALL PROGRESSIVES CONGRESS (APC)

AND
1. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
2. OLUSEYI MAKINDE RESPONDENTS
3. PEOPLES DEMOCRATIC PARTY (PDP)

SIGNED
HON. JUSTICE M. A. DANJUMA ON MONDAY THE 11TH DAY OF NOVEMBER, 2019

UPON READING the Record of Appeal herein and all relevant documents being before the court
AND AFTER Reading Yusuf Ali, SAN, Chief Fashanu, SAN, Chief Ashandu SAN, Chief Roland Otaru SAN, Aliyu Umar SAN, A. M. Aliyu, SAN Prof. M. L. Yusufari, SAN, and other learned counsel for the Appellant
Kehinde Akinolu, SAN, with Dele Abolarin, Esq. Onubokun, Esq and Mrs. Faith Okoli learned counsel for the 1st Respondent
Eyitayo Jegede, SAN with Ahmed Raji, SAN, Emeka Etaba SAN, and other counsel for the 2nd Respondent
N. O. O. Okeh SAN, with Dada Esq, L. A. Adedigba, Esq I. A. Saka, Esq A. O. Oladele, Esq and other counsel for the 3rd Respondent
IT IS HEREBY ORDERED AS FOLLOWS:
1. That we therefore hold that the judgement of the tribunal was perverse and had violated the fair hearing principles the Appellants the Appellants ought to have enjoyed from the tribunal we set it aside
2. That however in our further evaluation of the evidences led and the current position of the law, we cannot nullify the election. It is only when the election is nullified that the reliefs of either returning the 1st Appellant duly elected or ordering fresh election can be granted
3. That, since we have reevaluated the evidence and have come to a conclusion, the issue of ordering a rehearing, does not arise, even if there is still time to do that
4. That we, therefore, maintain our position in setting aside the judgment of the Tribunal delivered on the 16th day of September, 2019
5. That no order as costs

Signed
SULAIMAN AMIDA HASSAN
DEPUTY CHIEF REGISTRAR