OSUN: Read details of Today’s Supreme Court Proceedings On Adeleke vs Oyetola Governorship Dispute As July 5th Is Judgement Day

The supreme court hearing of the appeal filed by Senator Ademola Adeleke of the Peoples Democratic Party challenging the declaration of Goyega Oyetola of the All Progressives Congress as governor of Osun State commenced today Monday 17th June, 2019.

Court proceedings as reported by Dr. Of law and Senator representing Osun Central Senatorial District at the red chamber through his twitter handle @DrSRJ_

The Supreme Court Justices entered the court to commence hearing of the Osun Governorship appeals filed by the PDP and Adeleke at about 10: 09 am and the CJN is presiding.

The Supreme Court held that the decision in the Appeal No 553 will abide in Appeals No. 554 and 555 as they all arose from the same judgment. Counsels for parties announcing appearance.

Dr Ikpeazu led the legal team of Adeleke and PDP. Chief Wole Olanipekun led the team of Governor Oyetola.

Yusuf Alli, SAN announced appearance for INEC with some other SANs.
Dr Abiodun Layonu, SAN announce appearance for the APC together with Chief Yomi Aliu, SAN, Kolapo Alimi Esq, Olumide Olujinmi Esq, Akinsola Olujinmi Esq

The Supreme Court held that the judgment in Appeal No. 553 filed by Adeleke and PDP against the judgments of the Court of Appeal in favour of APC and INEC will cover Appeals No. 554 and 555 filed against the judgments of the Court of Appeal in favour of APC and INEC.

Chief Olanipekun wanted to move a Notice of Preliminary Objection but Dr Ikpeazu, PDP Counsel, stated that he has a motion on notice which will cure the preliminary objection. Chief Olanipekun stated that the 1st Respondent is opposing the motion and has filed counter processes

There was a mild drama when the court initially said they did not have copies of the counter affidavit but copies was later produced by the court Registry.

Chief Oanipekun SAN was asked to move the 1st Respondent’s Notice of Objection

Chief Oanipekun SAN is moving the 1st Respondent’s Notice of Objection
He relied on the processes and urged the Supreme Court to strike out the objection. The court said that the preliminary objection will first be considered in the judgment.

Dr Ikpeazu, SAN submitted that the Appellants filed written address in support of their opposition to the Preliminary Objection and relied of the process.

Dr Ikpeazu SAN is now moving a motion seeking to cure the defects upon which the 1st Respondent’s Preliminary Objection was predicated. He urged the court to grant the application.

The CJN asked Dr Ikpeazu is what the motion of about. He replied that the motion is seeking to amend the name of the Counsel appearing under the signature.

Dr Ikpeazu admitted that the notice of appeal was not attached as Exhibit and apologised to the court for the failure but was asked to be refer to the Record.

Dr Ikpeazu, upon inquiry from the Court said the essence of their application is to amend as 1st and 2nd Respondents to read 1st and 2nd Appellants

Chief Olanipekun adopted and relied on the counter affidavit and written address to dismiss the application. He said the application is vague, no attachment, and the application is complicit. The prayer is not grantable.

Chief Olanipekun submitted that the prayers are vague and the Supreme Court cannot be searching for the missing details.

The Court asked Dr Ikpeazu where are the processes to be deemed as having been amended.

The Supreme Court reserved ruling on the Preliminary Objection and the Motion for amendment.

Dr Ikpeazu identified the Brief of argument as being filed on the 24th May, 2019. and the Reply Brief was filed on 30th of May. He prayed the court to allow the appeal and set aside the judgment of the Court of Appeal and restored the Tribunal verdict

The CJN rejected the request for further adumbration by Dr. Ikpeazu. The CJN said the Brief of the Appellants was 43 and that the Appellant decided not to paginate some pages.

The CJN is complaining about the Appellants’ Brief and the spacing.

Dr Ikpeazu applied that the decision in this appeal No 553 will apply appeals nos 554 and 555 2019

The Respondents agreed with the application of Dr Ikpeazu that the judgment in appeal no 553 will apply in Appeal nos 554 and 555

Chief Olanipekun said that the Respondent Brief was filed on 28 May 2019 and adopted the brief. He urged the Court to dismiss the appeal and affirmed the judgment of the Court of Appeal.

Yusuf Alli SAN said INEC as a respondent will abide by the judgment of the Court and therefore did not file any process.

Olumide Olujinmi submitted that the 3rd Respondent, APC, did not file anything and urged the Court to dismiss the appeal.

The Appeal is adjourned for Judgment on 5th of July 2019.