APC v Fayose: Appeal Court reserves judgement

The Court of Appeal has reserved judgement on the appeal filed by the All Progressives Congress (APC) challenging the election of Governor Ayo Fayose in the June 21, 2014 election.
The five- man panel, led by Justice Abdu Aboki, which sat in Ado-Ekiti for about three hours on Monday, adjourned for judgement after listening to counsel to all parties in the appeal.
Respondents in the appeal are the Peoples Democratic Party (1st), Fayose (2nd), Independent National Electoral Commission (3rd), Chief of Army Staff (4th) and Inspector General of Police (5th).
The APC is challenging Fayose’s election on grounds that he was not qualified to stand election as a candidate by reason of his impeachment from office on October 16, 2006.
The party has also dragged the governor to court over alleged forgery of academic certificates and violation of Code of Conduct Rules.
The Election Petitions Tribunal had on December 19, 2014 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 cannot be accommodated under Section 138 (a) of the Electoral Act, insisting 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 strike 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 government areas, only called 11 witnesses, six of which came from Ado-Ekiti alone and did not call witnesses in other 10 LGAs.
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, Olusola Oke, in adopting their briefs of argument, urged the court to dismiss the appeal filed by the appellant.
After listening to lawyers to all parties, panel chairman, Justice Aboki, reserved judgement in the appeal.