The Court of Appeal today heard the appeal filed by the Governorship Candidate of the All Progressives Congress (APC) in the March 9, 2019 Governorship Election, Mr. Nsima Ekere. The Appeal was filed against the judgement of the Tribunal which dismissed his Petition on September 19, 2019.
In a Notice of Appeal dated 7/10/2019, the Appellant formulated 28 grounds of appeal and distilled triable issues therefrom.
At the hearing before the 5 member panel of Justices, Counsel to the Appellants Jubrin Okutepa, SAN leading Prof. J. O. Amupitan, SAN and a team of lawyers representing Mr. Nsima Ekere and APC told the Appellate Court, “the trial Tribunal engaged in technical justice throughout the proceedings without examining the merits of the case of the Petitioners and avalanche of exhibits before it”.
He said the “Appellants case was slaughtered on the abattoir of technicalities” and urged on the Court of Appeal to upturn the Tribunal’s decision and do substantial justice by nullifying the elections.
Adumbrating further, Okutepa, SAN decried a situation where the trial Tribunal sat on appeal over its own rulings earlier made in the course of trial. He submitted that the entire trial was perverse and a travesty of justice and ought not to be allowed to stand.
On their part, Respondents Counsel in unison urged on the Court of Appeal to discountenance the case of the Appellate and affirm the decision of the trial Tribunal.
Dr. Onyechi Ikpeazu, SAN argued that the Appellants case on appeal reinforced the reason for dismissing the Petition in the first place. He argued that the Appellants could not have succeeded with only 11 witnesses.
Counsel to 2nd Respondent Tayo Oyetibo, SAN also speaking in same vein said the Appellants’ case was an after thought and should be dismissed. He urged the Court to affirm the judgement of the Tribunal.
Sylva Ogwuemoh, SAN also urged on the Court to dismiss the Appellants case and affirm the decision of the Tribunal.
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