Akala faults tribunal judgment - Heads for appeal court

By Dolapo Ekanade - 15.04.2008

Barely two weeks after the All Nigeria Peoples Party (ANPP) governorship candidate, Senator Abiola Ajimobi, appealed against the decision of the tribunal, which dismissed his petition through a majority judgment, Oyo State governor, Chief Adebayo Alao-Akala, has also appealed against the tribunal judgment delivered on March 17, which upheld his election as the validly-elected governor in the state.

The governor, in his cross appeal, faulted the judgment which voided the votes cast in Ogbomoso council on the grounds of over-voting, non-accreditation, non-signing and stamping of Forms EC 8A by the presiding officers.

The appellant sought an order of the appellate court setting aside the decision of the lower tribunal which voided the votes cast on the above allegations.

The governor, in a 15-paragraph cross appeal deposed to by his lawyers, Mr. Lateef Fagbemi, Richard Ogunwole and Nathaniel Oke, all senior advocates, stated that the tribunal acted beyond its jurisdiction when it proceeded to void his votes on account of over-voting when no such evidence was led by any witness.

He submitted that the tribunal lacked the power to generate evidence or make a case for the parties.

The appellant maintained that the tribunal erred in law and acted in excess of jurisdiction when it proceeded to void his votes on the grounds that there was over-voting when the petitioner did not demonstrate any evidence before the tribunal.