Appeal Court rules on Amosun’s petition March 13

03.03.2008

The Appeal Court in Abuja has fixed Thursday, March 13 for judgment on the appeal of Senator Ibikunle Amosun on the Ogun State governorship election. Amosun had gone to the Appeal Court after the election petition tribunal in the state, in October 2007, dismissed his petition on the ground that he did not stipulate his party and other information to establish his locus standi in the case.

The parties in the case adopted their written addresses before the court last week. In the appeal filed by his lawyers led by Mr. Ricky Tarfa, Amosun is contesting the judgment. He is arguing that the tribunal erred by striking out his case on the ground that he did not disclose those particulars. His lawyers are contending that the tribunal allowed itself to be misled by Governor Gbenga Daniel on the issue.

According to Amosun, Daniel did not object to his petition within the time allowed by the constitution, the Electoral Act and the practice direction. He is also arguing that Daniel had raised three previous objections to his petition within the time allowed for him to raise the objections and none of these included his non-disclosure of his party.

He argued that Daniel in his response to his petition admitted that he was a candidate in the election and after such admission could not turn round and object to the tribunal hearing the case. He is praying the Appeal Court to accept that if Daniel had issues to raise on his petition concerning his party, what he needed to do was to ask for the supply of further particulars rather than asking for the striking out of the case.

However, Daniel is contending that the issue before the Appeal Court was to determine whether Amosun complied with the Electoral Act by stipulating his locus in the case.