Supreme Court upholds Aregbesola as governor

THE Supreme Court yesterday appended a judicial seal to the victory of the election of the All Progressives Congress’ candidate, Governor Rauf Aregbesola as it dismissed the appeal filed by the candidate of the Peoples Democratic Party (PDP) in the August 9, 2014 governorship election in Osun State.

In a unanimous verdict, the seven-man panel of the apex court upheld the judgment of the Court of Appeal, which affirmed Aregbesola the winner of the said 2014 election, declaring that the appeal lacked merit.

Justice Centus Nweze, who read the lead judgment, resolved six out of the seven issues formulated by the appellant against him while resolving one in his favour.
Omisore had appealed to the apex court through his counsel, Dr. Alex Aigbe 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 Ikpeme-led‎ tribunal had on February 6, 2015 dismissed Omisore’s petition for lacking in merit and affirmed Aregbesola’s victory.

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 and his party had lodged 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 tribunal headed by Justice Elizabeth Ikpeme had on February 6, 2015 dismissed Omisore’s petition for unmeritorious 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 prayed the court to dismiss the ‎appeals.