Counsel to Osun State Governor Rauf Aregbesola, Muiz Banire and Associate, has alleged plans by the Peoples Democratic Party (PDP) to upturn the judgment of the Court of Appeal, which upheld the victory of the Action Congress of Nigeria (ACN) at the April 14, 2007, elections.
Speaking with reporters yesterday in Lagos, the solicitor said: “The PDP in Osun State has perfected plans to file an application at the Supreme Court for a review of the decision of the Court of Appeal in the case of Aregbesola and Oyinlola.”
The Managing Partner to the solicitor, Kunle Adegoke, said: “The agents of destruction in the PDP have procured the services of some handlers in the Supreme Court, who are deceiving them that the procedure used to arrest the decision of the Court of Appeal in the Sokoto governorship election petition could be deployed to upturn the decision of the Appeal Court in Aregbesola v Oyinlola’s case.
“They have briefed their lawyers to approach the Supreme Court with a motion of notice praying for an order reviewing the judgment of the Court of Appeal in the case and setting aside the said judgment delivered on November 26, 2010.
“They are also praying for an order nullifying the said judgment and reinstating Oyinlola as governor, and whereof his tenure has expired before the determination of the Motion of Notice, directing the Independent National Electoral Commission (INEC) to immediately conduct a fresh election in the state.”
Adegoke said the decision of the Court of Appeal in governorship election petitions, under the Constitution of the Federal Republic of Nigeria, 2007, Section 246, is final.
He said the Supreme Court had no power to rescind a judgment of the Court of Appeal under the same section of the 1999 Constitution.
Adegoke said: “The present amendment done in 2010 cannot be used to vest jurisdiction in the Supreme Court to dabble in matters in respect of which the Court of Appeal is the final authority.
“The court has clearly stated its findings that Oyinlola did not win the 2007 governorship election and his illegal occupation of the office of governor till November 26, 2010, was a product of rigging and shameless brigandage perpetrated on the people of Osun State by the PDP.
“We consider it imperative to implore the lordships of the Supreme Court not to allow themselves, as revered officers in the highest temple of justice, to be drawn into this diabolical agenda of the PDP, which is hell-bent on destroying Nigeria to satisfy its evil gusto for power.”
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‘PDP’s plots to upturn Osun governorship judgment uncovered’