OSUN GUBER: OYINLOLA FILES CROSS APPEAL
A new twist has been added to the Osun State Governorship Election Petition case as the State Governor, Prince Olagunsoye Oyinlola on Tuesday filed a cross - appeal to contest some of the decisions of the trial tribunal.
Although the Justice Garba Ali-led tribunal had on May 28 in a unanimous judgment endorsed the victory of Governor Oyinlola, he nonetheless contended that the tribunal erred in law to have heard the case in the first instance.
In the cross appeal filed by his Counsel, Yusuf O. Ali, (SAN), Prince Oyinlola averred that the tribunal lacked jurisdiction to hear the petition ab initio because it was filed out of time.
Also, he said, the tribunal erred in law for not declaring the petition incompetent for suing persons unknown to the law as it lumped officials of INEC together as respondents contrary to the provisions of the law.
'The trial tribunal erred in law in failing to strike out the petition for incompetence when same was filed outside of the time allowed by law. Going by the date of declaration of the results and the date of filing the petition, the petition was filed outside of the prescribed period. The trial tribunal clearly lacked jurisdiction to entertain the petition. The petition ought to have been struck out ab-initio.
'The Honourable trial tribunal erred in law in failing to strike out the 17th - 1365th respondents listed as 17th - 157th respondent in the petition when they were wrongly fused and unknown to law, as designated in the petition. There are no respondents known to law in the manner of the designation done by the petitioners.
'The trial tribunal ought to have struck out the respondents who were listed as 17 - 157 on the petition together with the applicable paragraphs of the petition. The trial tribunal lacked the competence to adjudicate on complaints against conduct of persons not properly before it,'Oyinlola said.
Other grounds of the appeal include the tribunals, decisions to cancel election results in one unit each in Atakumosa West and Ifedayo Local Government Areas for overvoting even when the petitioners did not plead over-voting in the petition. Oyinlola consequently prayed the Appeal Court to strike out Aregbesola's case for incompetence and lack of jurisdiction.