[UPDATED] S’Court affirms Aregbesola’s victory, dismisses Omisore’s appeal

Rauf Aregbesola

Updated:

The Supreme Court has dismissed the appeal filed by the Peoples Democratic Party’s candidate in the August 9, 2014 governorship election in Osun State, Iyiola Omisore, against the election of the All Progressives Congress’ candidate, the incumbent Governor Rauf Aregbesola.

The seven-man panel of the apex court, led by Justice John Fabiyi, affirmed the concurrent judgments of the Court of Appeal in Akure‎ and the Osun State Governorship Election Tribunal, which had both affirmed Aregbesola the winner of the election.

Justice C.C Nweze, who read the lead judgment, resolved six out of the seven issues formulated by the appellant against him.

Only one was resolved in his favour and against the respondents.

The seven-man panel unanimously held that the appeal lacked merit and was bound to be dismissed.

Omisore, who was personally present in court during the hearing, urged the apex court through his counsel, Dr. Alex Izinyon (SAN), ‎to set aside the concurrent judgments of the two lower courts.

Omisore and his party had filed the appeals against the decisions of the Justice Gana Mshelia-led panel of the Court of Appeal ‎in Akure which on April 2, 2015, affirmed the earlier judgment of the Osun State Governorship Election Petition Tribunal.

The Justice Elizabeth Ikpejime-led‎ tribunal had on February 6, 2015 dismissed Omisore’s petition for lacking in merit and affirmed Aregbesola’s victory.

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10:55am

The Supreme Court is currently delivering it’s judgment in the appeal filed by the Peoples Democratic Party’s candidate in the August 9, 2014 governorship election in Osun State, Iyiola Omisore, against the election of the All Progressives Congress’ candidate, the incumbent Governor Rauf Aregbesola.

The seven-man panel of the apex court, led by Justice John Fabiyi, had on May 7 fixed the date for judgment after parties adopted and argued their respective briefs.

Omisore, who was personally present in court during the hearing, urged the apex court through his counsel, Dr. Alex Izinyon (SAN), ‎to set aside the concurrent judgments of the two lower courts.

Omisore and his party had filed the appeals against the decisions of the Justice ‎ Justice Gana Mshelia-led panel of the Court of Appeal ‎in Akure which on April 2, 2015, affirmed the earlier judgment of the Osun State Governorship Election Petition Tribunal.

The Justice Elizabeth Ikpejime-led‎ tribunal had on February 6, 2015 dismissed Omisore’s petition for lacking in merit and affirmed Aregbesola’s victory.

Izinyon, who filed two separate appeals on behalf of Omisore and the PDP challenging the decision of the Court of Appeal,  urged the Supreme Court to‎ allow his appeals and dismiss the cross-appeal filed by Aregbesola and the APC.

One of the appellants’ appeals emanated from the main judgment of the Court of Appeal while the other appeal and the respondents’ cross-appeal arose from the decision of the appellate court on the admissibility of a d‎ocument in favour of the petitioners at the tribunal.

But the three respondents to the appeals – Aregbesola, the APC and the Independent National Electoral Commission – who were represented by different lawyers, separately urged the court to dismiss the ‎appeals.

Izinyon, who led other five SANs and a battery of other junior lawyers, while arguing the appellants briefs, argued that both the tribunal and the Court of Appeal identified  irregularities characterising the conduct of the election but refused to make the proper findings concerning them.