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The Court of Appeal sitting in Ibadan has affirmed the victory
of Mr Seyi Makinde of the Peoples Democratic Party (PDP) in the Oyo
State governorship election, Channelstv report.[1]

The court upheld the decision of the Governorship Election
Petitions Tribunal, which declared Governor Makinde as the winner
of the March 23 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, 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.

Culled from

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written By Professor Damilola S. Olawuyi, LL.B
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st Class), BL
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(Harvard), DPhil (Oxford)
Professor of Law and
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[2]
Subscribe ToNairalaw News! References ^
Channelstv report.
(www.channelstv.com) ^ The Human Rights-Based Approach to
Carbon Finance NOW ON SALE— Order Your Copy!!!

(www.cambridge.org) ^ [email protected]
(nairalaw.com)

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