Makinde vs Adelabu

Oyo Guber: Appeal Judges Confuse APC, PDP On Makinde, Adelabu Election Decision

The Appeal Court sitting in Ibadan, Oyo State capital on Monday, November 11, 2019 has affirmed the victory of Mr Seyi Makinde of the Peoples Democratic Party (PDP) in the Oyo State governorship election.

According to Channels Tv who reported that the court upheld the decision of the Governorship Election Petitions Tribunal, which declared Governor Makinde as the winner of the March 9 governorship poll, in a unanimous judgement delivered by Justice Abubakar Yahaya on Monday.

It, however, dismissed the appeal filed by the candidate of the All Progressives Congress (APC) in the election, Mr Adebayo Adelabu.

Justice Yahaya, the lead judge of the four-man panel, despite upholding the decision of the Tribunal, however, disagreed with the lower court on issues bordering on documents tendered by the APC.

He held that the documents tendered by the appellants ought to have guided the Tribunal through proper investigation, stressing that the pieces of evidence were also not adequately evaluated.

The lead judge noted that the Tribunal had committed a miscarriage of justice by its failure to analyse the tendered documents and its failure to evaluate the pieces of evidence presented by the APC.

In his reaction, the PDP lead counsel, Eyitayo Jegede SAN, told reporters that Makinde remains the governor since there has been no counter directive by the appellate court on his victory.

The lead counsel to APC, Adeboye Shobanjo, on his part, agreed with the court for allowing the appeal to hold.

He, however, stressed that the Tribunal delivered a one-sided judgement.

Meanwhile, there has been the confusion between the two major parties, PDP and APC in which the both parties are separately celebrating.

However, Newsflash247 had earlier reported that there was wild jubilation in Oyo State chapter of the All Progressive Congress (APC) following the Monday ruling of the Appeal Court on the application filed by the gubernatorial candidate of the All Progressive Congress (APC) in the last elections, Adebayo Adelabu, against the Peoples Democratic Party (PDP) candidate, Engr. Seyi Makinde.

The Court of Appeal sitting in Ibadan held that there was a miscarriage of justice at the Oyo State Election Petition Tribunal because they should have considered every document submitted to prove its case and not lump it together and consider it as one, it did not give any consequential order to that effect.

The Appellate Court in its ruling resolved the four issues filed by Adelabu in favour of Makinde and dismissed the four reasons. The court had noted that it allowed the appeal because there were issues of a miscarriage of justice at the lower court but added that a judgement must be given after considering a situation in its entirety.

The four-man panel further noted that in this situation the 180 days mandated for the tribunal to operate had lapsed and there was consequently no reason to touch the ruling of the lower court.

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