Oyo Guber: Appeal Court Sets Aside Tribunal Ruling, Maintains Makinde’s Victory

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SWITZERLAND, NOVEMBER 12 – A Court of Appeal in Ibadan, the Oyo State capital, on Monday, upheld the appeal filed by the governorship candidate of the All Progressives Congress (APC), Adebayo Adelabu, against Governor Seyi Makinde of the Peoples Democratic Party (PDP). The court however, retained the previously declared winner of the election, Seyi makinde.

The court, consequently, set aside the tribunal judgement that nullified the petition brought by Mr Adelabu against Mr Makinde.

The appeal court on Monday said the judgement of the tribunal was ‘perverse’ and therefore set it aside.

The court, however, did not make any further order concerning the election.

The court added that status quo at the time of filing the petition by Mr Adelabu remains, meaning Mr Makinde remains the winner of the election as declared by INEC.

The court, in its lead judgement, ruled that the appellants, the APC and Mr Adelabu, were not giving fair hearing by the tribunal.

The Electoral Act only gives a grace of 180 days for a case to be heard at the election tribunal.

The appeal court ruled that the tribunal had exhausted its time; therefore, the case could not be sent back to it for review.

The court ordered that the status quo before the tribunal’s judgment should remain. This means the declaration of Mr Makinde as the winner of the March 9, 2019 governorship poll in Oyo State remains.

The court held that if not for time, it would have ordered a re-trial at the tribunal, noting that “unfortunately, the time limit of 180 days for the tribunal had been exhausted.”

Three out of the four judges resolved all issues in favour of the appellants.

There was a dissenting judgment from a judge with a proviso that the panel could not nullify Mr Makinde’s election.

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