Your case lacks merit, ambitious, Abiodun, INEC, APC tell appellants

The Court of Appeal sitting in Lagos, yesterday, reserved judgment in the appeal filed by the People’s Democratic Party (PDP) governorship candidate in the 2023 gubernatorial election, Ladipupo Adebutu, challenging the decision of the governorship election petitions tribunal.

The three-man panel of justices, led by Joseph Shagbaor Ikyegh, said the date for judgment would be communicated to the parties and three days’ notice would be given.

However, Ogun State Governor, Dapo Abiodun; the ruling All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) have described the appeal as lacking in merit and ambitious.

Earlier, counsel to the appellant, Chris Uche (SAN), urged the court to grant his client’s appeal and set aside the decision of the tribunal.
According to him, the tribunal erred when it failed to consider the case on its merit before proceeding to dismiss the petition before it.

In response, A.J. Owonikoko (SAN) urged the court to dismiss the appeal for lacking in merit. He said that on the issue of 49,000 disenfranchised voters the appellant raised, the appellants only called 48 witnesses instead of all the alleged disenfranchised voters whose disenfranchisement was to be proven.

He added that the court could not amplify 48 witnesses to 49,000 witnesses, as appellants want. Similarly, Chief Wole Olanipekun (SAN) who appeared for the second respondent, also urged the court to throw out the appeal.

He said that contrary to the position set out by Uche, the decision in Atiku’s case completely encapsulates the issues in the appeal. On the margin of lead, he contended that there is nothing for the court to even consider, urging it to dismiss the appeal for lacking in merit.

In response, Dr. Onyechi Ikpeazu (SAN), who identified the third respondent’s counter-affidavit and written address filed on November 8, 2023, also prayed the court to dismiss the application. He said the appellants misstated the prayer in the motion because the prayer is to strike out the list of authorities.