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Court adjourns
Osunbor’s case against Oshiomhole
From RALPH OKHIRIA &
MONDAY OSAYANDE, Benin
The Court of Appeal sitting in Benin, Edo State, has adjourned for
judgement at a date to be communicated to parties in the appeal
filed by the Edo State Governor, Professor Oserheimen Osunbor of the
Peoples Democratic Party (PDP) against Comrade Adams Oshiomhole of
the Action Congress (AC).
At the resumed hearing on Monday, counsel to Governor Osunbor, Mr.
Efe Akpofure (SAN) told the court that the tribunal had erred in its
judgement by returning Oshiomole, candidate of the Action Congress
as the elected governor of the state in the April 2007 governorship
election.
Akpofure who cited four prayers to buttress his argument said it
was wrong for the Tribunal to say that those involved in election
malpractices during the last election were all agents of PDP.
According to the counsel, the Tribunal did not proof it finding
beyond reasonable doubt as to how it traced the election misconduct
to PDP alone when other parties participated in the election.
Kanu Agabi, counsel to INEC who tolled the same line of Akpofure
when he told the court to disregard the Tribunal Judgement, because
according to him, the petitioner claims to massive rigging and
stuffing of ballot boxes were not substantiates with evidence.
Agabi, said since the evidence of the Tribunal returned Adams
Oshiomole as the governor of the State was laughable, the Appeal
Court should uphold the Appeal filed by Governor Oserheimen Osunbor.
He said if the petitioner claims of election malpractice is anything
to go by, that is the Governor was not elected by majority votes,
Adams Oshiomhole could not be returned on the same election that was
claimed to have be rigged.
Akin Oluyimi, counsel to PDP who also shed same view with his
learned brothers urged the Court to set aside the tribunal judgement
but to uphold the Appeal of Prof. Oserheimen Osunbor.
Olujimi (SAN) asserted that the ruling of the tribunal was wrong as
there was not enough evidence to show that there was really election
misconduct at the various polling units.
But the counsel to Adams Oshiomhole, Mr. Wole Olanipekun (SAN) urged
the court of Appeal to dismiss the petition filed by governor
Oserheimen Osunbor against the verdict of the tribunal.
Olanipekun told the Appeal Court that his opponent counsels were
making fresh cases which were not permissible in law.
He pointed out that “an Appeal was a continuation of hearing but not
an opportunity to make fresh statement”.
He said by so doing the counsels to the appellant applicant are not
talking for the interest of justice, but rather concerned about the
interest of their clients.
He told the court that it was funny for Governor Osunbor to be
asking for re-run when, in fact, he had agreed that the judgement of
the tribunal was right and still right.
On the re-run election, Olanipekun told the court to ignore it,
saying that INEC had failed to carry out free and fair elections in
2007 and now it has not guarantee same.
He therefore urged the appeal court to dismiss the governor’s
petition for being unmeritorious and watery, adding that they are
like and that cannot hear themselves.
The Appeal Court has adjourned till Nov 10, 2008 in the case of Mr.
Peter Okocha of Action Congress (AC) and Great Ogboru of Democratic
Peoples Party (DPP) who had petitioned against Governor Emmanuel
Uduaghan of Delta State in the 2007 governorship elections.
Justice Umaru Abdullahi said the two cases were adjourned for the
parties involved in the matter to put their cases in one basket for
ease dispensation of justice.
According to the Court of Appeal president, “We cannot treat the two
cases separately because they are seen to be directed at one person.
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