Appeal Court reserves judgment in APC, Fayose case

THE Court of Appeal sitting in Ado Ekiti yesterday reserved judgment on the appeal filed by the All Progressives Congress (APC) challenging the eligibility of Governor Ayo Fayose to contest the June 21, last year governorship election.

   The Ekiti State Chapter of the APC dragged Fayose to court challenging his election, arguing that he was not qualified to stand election as a candidate because of his impeachment from office on 16th October 2006.

     The party also dragged the governor to court over alleged forgery of academic certificates and violation of Code of Conduct Rules.

      Respondents in the appeal are Peoples Democratic Party (PDP) (1st), Fayose (2nd), Independent National Electoral Commission (INEC) (3rd), Chief of Army Staff (4th) and Inspector General of Police (5th).

    The Election Petitions Tribunal had on December 19; last year upheld Fayose’s election and dismissed the APC petition.

     Counsel to APC, Hakeem Afolabi (SAN) adopted and relied on all briefs filed on behalf of the Appellants (APC) in the proceedings urging the Court to allow the appeal and grant all the reliefs sought by the Appellants.

       Afolabi drew the attention of the court to the striking out of paragraphs 110-120 and 125a of the petition by the lower tribunal, which borders on the qualification of Fayose.

      The APC counsel argued that the reason given by the Lower Tribunal couldn’t be accommodated under Section 138 (a) of the Electoral Act. Afolabi insisted that there was no time limit to raise an issue that borders on qualification of a candidate.

    Afolabi further contended that the decision of the tribunal was taken suo moto and that the right to fair hearing of the Appellants was breached.

     “I urge your lordships to allow the appeal and grant the reliefs in our petition”, Afolabi submitted.

      Counsel to PDP, Robert Emukpoeruo while opposing Afolabi’s submission argued that not only did the tribunal struck out the paragraphs in contention, it also considered the merit of the complaints of the appellants.

     Fayose’s counsel, Yusuf Ali (SAN) urged the court to dismiss the APC appeal.

     Ali argued that the constitution of the panel that recommended Fayose’s impeachment violated constitutional provisions in that it was not set up by either a Chief Judge or an Acting Chief Judge citing Nwakama v Abaribe 2010 All Federation Weekly Law Report pt 505 1767 at 1789-1790 para f-e.

       The Senior Advocate also told the panel that the petitioner who lost in the 16 local councils only called 11 witnesses six of which came from Ado- alone and did not call witnesses in other ten.

      Ali urged the Court to dismiss the appeal for lacking merit.

      INEC counsel, Wilcox Abereton; counsel to the Chief of Army Staff, Abayomi Sadiku and counsel to Inspector General of Police, Olusola Oke in adopting their briefs of argument urged the court to dismiss the appeal filed by the Appellant.

     The five- man panel led by Justice Abdu Aboki adjourned for judgment after listening to counsels to all parties in the suit.