Ondo State guber: S’ Court makes U-turn, resumes hearing August 27

The Supreme Court has cut short its vacation to begin hearing  on the multiple appeals filed against the judgment of the Court of Appeal that declared Governor Olusegun Mimiko as validly elected Governor of Ondo State. Read more

Chief Justice of Nigeria (CJN), Justice Mariam Aloma Mukhtar, brought forward  the hearing date earlier fixed for September 24, to August 27.

The four appeals were filed by the Action Congress of Nigeria (ACN), Peoples Democratic Party (PDP), the Independent National Electoral Commission (INEC) as well as Governor Mimiko and his Labour Party (LP).

However, following  protests from some quarters that the September 24 would be outside the mandatory 60 days to determine the election petition appeals, the court had to cut short its vacation to hear the appeals.

Already, the media aide to the CJN, Ahuraka Isah, has confirmed the development.

Section 285(7) makes it mandatory for the Supreme Court to hear the case within 60 days of the judgment of Court of Appeal.

The Supreme Court has up to August 29 to give its judgment in the appeal because  the Court of Appeal sitting in Akure, the Ondo State capital, gave its judgment in July , 2013.

In the Notice of Appeal before the Supreme Court, which was anchored on 13 grounds, the ACN and its candidate, Oluwarotimi  Akeredolu (SAN),  complained that the learned appellate justices erred in law when they held that the appellants failed to prove how non-compliance of the voter register used for the election with the Electoral Act affected the result of the election.

They said the lower court’s findings that the voter register used for the election did not comply with the statutory requirement rendered unnecessary, any proof of how the non-compliance affected the result of the election and the effect of the said ruling before the Court of Appeal is that there was no valid voter register for the election.

The appellants said there was sufficient witnesses evidence before the court to prove that the non-compliance affected the result of the election.

ACN and Akeredolu said the learned appellate justices erred in law when they ruled that the appellants did not show how the judgment appealed, occasioned substantial or miscarriage of justice when the appellate court in its judgment, found many miscarriages of justice and injustice suffered by the appellants, which made the tribunal dismiss their petition.

They prayed the Supreme Court to nullify the governorship election held in Ondo State and order a fresh poll based on a valid voter register.

The appeal was filed by 52 lawyers led by Chief Akin Olujimi (SAN), Oladipo Okpeseyi (SAN), Lasun Sanusi (SAN) and Oluwole Aina.

Also dissatisfied with the Court of Appeal judgments on three rulings by the Election Petition Tribunal, Governor Olusegun Mimiko has headed to the Supreme Court to seek redress on the verdicts.

From GODWIN TSA, Abuja

Culled from The Sun newspaper