EXTRA: Adebayo Adekola V Makinde: Read The Judgement Of The Court Of Appeal

Court of Appeal on the 11th of November, gave a judgment in
the case between the candidate of the All Progressives
Congress (APC) in the last governorship election in Oyo State, Dr.
Adebayo Adelabu, and Governor Seyi Makinde who was a candidate
of Peoples Democratic party stating that it could neither
order a retrial nor rerun, because the matter was
statute-barred.

For a better understanding of the decision of the Appeal Court
on this matter, read the judgment obtained by
TheNigerialawyer(TNL).

IN THE COURT OF APPEAL IBADAN JUDICIAL DIVISION HOLDEN
AT IBADAN

BEFORE THEIR LORDSHIPS
HON. JUSTICE A. D YAHAYA – JUSTICE COURT OF
APPEAL
HON. JUSTICE M. A. DANJUMA – JUSTICE COURT OF
APPEAL
HON. JUSTICE I. O. ADKEJU – JUSTICE COURT OF
APPEAL
HON. JUSTICE A. A. ADUMEN – JUSTICE COURT OF
APPEAL
HON. JUSTICE J. Y. TUKUR – JUSTICE COURT OF
APPEAL

APPEAL NO. CA/B/EPT/OY/GOV/26/2019
PETITION NO. EPT/ OY/GOV/91/2019

On their appeal against the judgement of the Governorship
Election Petition Tribunal holden at Ibadan, Oyo state, delivered
by HON. Justice Mohammed Ibrahim Suraju (Chairman), Hon. Justice
(Khadi) Musa Hassan Bazza (member) and Hon. Justice Elizabeth
Amadi-O (member) on the 16th day of September, 2019.

BETWEEN
1. ADELABU ADEBAYO ADEKOLA APPELLANTS
2. ALL PROGRESSIVES CONGRESS (APC)

AND
1. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
2. OLUSEYI MAKINDE RESPONDENTS
3. PEOPLES DEMOCRATIC PARTY (PDP)

SIGNED
HON. JUSTICE M. A. DANJUMA ON MONDAY THE 11TH DAY OF
NOVEMBER, 2019

UPON READING the Record of Appeal herein and
all relevant documents being before the court
AND AFTER Reading Yusuf Ali, SAN, Chief Fashanu,
SAN, Chief Ashandu SAN, Chief Roland Otaru SAN, Aliyu Umar SAN, A.
M. Aliyu, SAN Prof. M. L. Yusufari, SAN, and other learned counsel
for the Appellant
Kehinde Akinolu, SAN, with Dele Abolarin, Esq. Onubokun, Esq and
Mrs. Faith Okoli learned counsel for the 1st Respondent
Eyitayo Jegede, SAN with Ahmed Raji, SAN, Emeka Etaba SAN, and
other counsel for the 2nd Respondent
N. O. O. Okeh SAN, with Dada Esq, L. A. Adedigba, Esq I. A. Saka,
Esq A. O. Oladele, Esq and other counsel for the 3rd Respondent
IT IS HEREBY ORDERED AS FOLLOWS:
1. That we therefore hold that the judgement of the tribunal was
perverse and had violated the fair hearing principles the
Appellants the Appellants ought to have enjoyed from the tribunal
we set it aside
2. That however in our further evaluation of the evidences led and
the current position of the law, we cannot nullify the election. It
is only when the election is nullified that the reliefs of either
returning the 1st Appellant duly elected or ordering fresh election
can be granted
3. That, since we have reevaluated the evidence and have come to a
conclusion, the issue of ordering a rehearing, does not arise, even
if there is still time to do that
4. That we, therefore, maintain our position in setting aside the
judgment of the Tribunal delivered on the 16th day of September,
2019
5. That no order as costs

Signed
SULAIMAN AMIDA HASSAN
DEPUTY CHIEF REGISTRAR

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