Osun guber: Court judgment against APC primary dead on arrival - Oyetola's lawyer
Friday's decision by a Federal High Court nullifying the candidacy of Governor Adegboyega Oyetola and his deputy, Benedict Alabi, for governor and deputy gubernatorial candidate of the Osun All Progressives Congress (APC ) in Osun's election was described as dead upon arrival.
Osun State Governor's lawyer Ibrahim Lawal, who made this known while answering questions on a radio show in Osogbo on Monday, also called the judgment a charade.
>Ibrahim, who also noted that a final verdict had been handed down by the Supreme Court in a similar case in 2021, added that the case filed by the opposition Peoples Democratic Party (PDP) was a nullity, a distraction and a deliberate conspiracy to scuttle the merits case of petitioners, Governor Oyetola and the APC in the Osun Election Petitions Court.
DAILY POST reported that a Federal High Court sitting in Abuja on Friday overturned the nomination of Osun Governor Adegboyega Oyetola and his deputy Benedict Alabi for the July 16 governorship of Osun .
The presiding judge, Justice Emeka Nwite, declared null and void the nomination of Governor Adegboyega Oyetola and Benedict Alabi by the APC.
The court's decision was based on the fact that Governor Mai Mala Buni, who had submitted their names to INEC, had violated the provisions of Article 183 of the Constitution of the Federal Republic of Nigeria and the Section 82(3) of the Electoral Act 2022.
The court also ruled that Governor Buni holding the two leadership positions as Governor of Yobe State and Chairman of the Interim National Committee of the APC acted in violation of the provision of Article 183 of the Constitution of the Federal Republic of Nigeria.
Lawal, while expressing confidence in the ability of Governor Oyetola's legal team to overturn the judgment of the Federal High Court, explained that the team is 100% confident that the decision of the Federal High Court against Oyetola and his deputy cannot see the light of day.
He argued that the decision and consequence of nominating a candidate rests with the party congress at the state level, as confirmed by the Supreme Court in the case of Eyitayo Jegede and the Electoral Commission Independent National Commission (INEC) in 2021.
"The action the Federal High Court issued was time-barred because the decision the court was talking about was made in March against April when the case came before it.
“The judgment was clear as to the question of sponsorship and nomination of candidates and no other ground can be substituted except as stated in Article 177 of the Constitution of the Federal Republic of Nigeria,” he said. -he declared.
Arguing that the petitioners (PDP) did not file their application until April, clearly 14 days after the time they were supposed to file their complaint, Lawal held that the Court should not have consider first.
"These are the issues we took to court, but for reasons well known to the judge, with all due respect to the Federal High Court judge, they ruled otherwise.
"The reason we have court layers is that when you're not happy with a judgment from a lower court, you go to another court, and the election law is very clear, when a case is in court, nothing can be done until it reaches a final stage, the status quo remains.
"By the grace of God, we are filing a notice of appeal tomorrow challenging the judgment because the decision taken by the Federal High Court, in the eyes of the law, is perverse and contrary to the principle of established law which had been laid down by the Supreme Court.
"We are not discouraged and this has nothing to do with the current issue in court. What we call judicial precedents are the facts that the sanctity of laws has settled some cases by higher courts and the lower court can't go against it.When there are established decisions of the higher court, no lower court can go against it, any court that does has committed what is called judicial rascality.
"So I'm quite sure that this case will be overturned by the Court of Appeal."
Lawal reiterated that the impact of the judgment on the case can in no way prevent the Osun Election Petitions Court from moving forward.
Also recall that the Osun Electoral Petitions Tribunal of Tuesday, September 26, 2022 adjourned its session to Tuesday, October 4.
Friday's decision by a Federal High Court nullifying the candidacy of Governor Adegboyega Oyetola and his deputy, Benedict Alabi, for governor and deputy gubernatorial candidate of the Osun All Progressives Congress (APC ) in Osun's election was described as dead upon arrival.
Osun State Governor's lawyer Ibrahim Lawal, who made this known while answering questions on a radio show in Osogbo on Monday, also called the judgment a charade.
>Ibrahim, who also noted that a final verdict had been handed down by the Supreme Court in a similar case in 2021, added that the case filed by the opposition Peoples Democratic Party (PDP) was a nullity, a distraction and a deliberate conspiracy to scuttle the merits case of petitioners, Governor Oyetola and the APC in the Osun Election Petitions Court.
DAILY POST reported that a Federal High Court sitting in Abuja on Friday overturned the nomination of Osun Governor Adegboyega Oyetola and his deputy Benedict Alabi for the July 16 governorship of Osun .
The presiding judge, Justice Emeka Nwite, declared null and void the nomination of Governor Adegboyega Oyetola and Benedict Alabi by the APC.
The court's decision was based on the fact that Governor Mai Mala Buni, who had submitted their names to INEC, had violated the provisions of Article 183 of the Constitution of the Federal Republic of Nigeria and the Section 82(3) of the Electoral Act 2022.
The court also ruled that Governor Buni holding the two leadership positions as Governor of Yobe State and Chairman of the Interim National Committee of the APC acted in violation of the provision of Article 183 of the Constitution of the Federal Republic of Nigeria.
Lawal, while expressing confidence in the ability of Governor Oyetola's legal team to overturn the judgment of the Federal High Court, explained that the team is 100% confident that the decision of the Federal High Court against Oyetola and his deputy cannot see the light of day.
He argued that the decision and consequence of nominating a candidate rests with the party congress at the state level, as confirmed by the Supreme Court in the case of Eyitayo Jegede and the Electoral Commission Independent National Commission (INEC) in 2021.
"The action the Federal High Court issued was time-barred because the decision the court was talking about was made in March against April when the case came before it.
“The judgment was clear as to the question of sponsorship and nomination of candidates and no other ground can be substituted except as stated in Article 177 of the Constitution of the Federal Republic of Nigeria,” he said. -he declared.
Arguing that the petitioners (PDP) did not file their application until April, clearly 14 days after the time they were supposed to file their complaint, Lawal held that the Court should not have consider first.
"These are the issues we took to court, but for reasons well known to the judge, with all due respect to the Federal High Court judge, they ruled otherwise.
"The reason we have court layers is that when you're not happy with a judgment from a lower court, you go to another court, and the election law is very clear, when a case is in court, nothing can be done until it reaches a final stage, the status quo remains.
"By the grace of God, we are filing a notice of appeal tomorrow challenging the judgment because the decision taken by the Federal High Court, in the eyes of the law, is perverse and contrary to the principle of established law which had been laid down by the Supreme Court.
"We are not discouraged and this has nothing to do with the current issue in court. What we call judicial precedents are the facts that the sanctity of laws has settled some cases by higher courts and the lower court can't go against it.When there are established decisions of the higher court, no lower court can go against it, any court that does has committed what is called judicial rascality.
"So I'm quite sure that this case will be overturned by the Court of Appeal."
Lawal reiterated that the impact of the judgment on the case can in no way prevent the Osun Election Petitions Court from moving forward.
Also recall that the Osun Electoral Petitions Tribunal of Tuesday, September 26, 2022 adjourned its session to Tuesday, October 4.
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