At about 10am on Monday the 17th of June, 2019, the Supreme Court Justices entered the court to commence hearing of the Osun Governorship appeals filed by the PDP and Adeleke. The Chief Justice of Nigeria, Justice Ibrahim Tanko Mohamad presided.
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.
Yusuf Alli, SAN announced appearance for INEC with some other SANs.
Dr Ikpeazu led the legal team of Adeleke and PDP. Chief Wole Olanipekun led the team of Governor Oyetola.
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.
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.
Dr Abiodun Layonu, SAN announce appearance for the APC together with Chief Yomi Aliu, SAN, Kolapo Alimi Esq, Olumide Olujinmi Esq, Akinsola.
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.
Dr Ikpeazu, SAN submitted that the Appellants filed written address in support of their opposition to the Preliminary Objection and relied of the process.
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.
Chief Olanipekun submitted that the prayers are vague and the Supreme Court cannot be searching for the missing details.
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.
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.
Dr Ikpeazu admitted that the notice of appeal was not attached as Exhibit and apologised.
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 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.
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.
Olumide Olujinmi submitted that the 3rd Respondent, APC, did not file anything and urged the Court to dismiss the appeal.
Yusuf Alli SAN said INEC as a respondent will abide by the judgment of the Court and therefore did not file any prcess.
The Appeal is adjourned for Judgment on 5th of July 2019.
NB: We at Lasore Oladimeji Blog relied on Senator Ajibola Bashiru's Twitter handle for this report. Thus our appreciation
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