The Supreme Court, on Thursday, opted to defer its decision on the appeal brought forth by the Peoples Democratic Party (PDP) and its candidate, Ladi Adebutu, regarding the March 18 governorship election.
The five-member panel, led by Justice John Okoro, declined to address the cross-appeals submitted by the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), insisting on adhering to the primary appeal filed by Adebutu.
Adebutu’s appeal seeks to invalidate the election victory of Dapo Abiodun.
The court’s decision to reserve judgment follows a hearing where Mr. Tayo Oyetibo, the representative of the APC in the Ogun State gubernatorial election case, raised concerns about the credibility of the key document relied upon by the PDP in their petition.
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Oyetibo characterized the document as both orphaned and dubious during the proceedings in Abuja.
Referring to Section 179, Oyetibo challenged Chris Uche, SAN, the Lead Counsel for the PDP, asserting that Uche failed to provide substantial evidence to support the claim that the Governorship Election on March 18th was wrongly and unlawfully concluded.
Oyetibo argued that the Appellants had strayed from their original case, which focused on the election’s inconclusiveness, emphasizing the Appellants’ failure to meet the burden of proof.
Specifically, he discredited Exhibit PT609, the cornerstone of the Appellants’ case, highlighting its lack of essential details, such as names, titles, signatures, and dates.
During the proceedings, Chief Uche advocated for the appeal, urging the court to overturn the majority decision of the Court of Appeal, while Chief Wole Olanipekun, SAN, representing the second Respondent, called for the dismissal of the appeal, underscoring the importance of consistency in presenting the case.
Olanipekun referenced Page 5206 of the Record, emphasizing the Tribunal’s conclusion that the Appellants failed to prove the margin of lead.
A J Owonikoko, SAN, Counsel for INEC, identified and adopted his brief, requesting the Court to dismiss the appeal. Subsequently, the Supreme Court decided to reserve judgment on the matter.
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