The Court of Appea in Ibadan, the Oyo State capital, yesterday reserved ruling in a motion filed by the Peoples Democratic Party (PDP) seeking to tender supplementary records in the suit against the candidature of Oyo State Governor Adebayo Alao-Akala.
The additional records are in defence of the appeal filed by the plaintiffs against the vacation of an interim order restraining the Independent National Electoral Commission (INEC) from recognising Alao-Akala as the PDP governorship candidate.
Three PDP governorship aspirants-Elder Wole Oyelese, Senator Lekan
Balogun, Alhaji Yekini Adeojo – and 34 others challenged the candidature of Alao-Akala at a Federal High Court, saying he emerged through an inconclusive primary.
Justice Jonathan Shakarho vacated an earlier order restraining INEC from recognising Alao-Akala on February 14.
The plaintiffs approached the appellate court to determine whether it was right for the judge to do so without an application from the respondents.
But the PDP applied for the records of proceeding at the lower court, claiming that the one submitted by counsel to the appellants, Oluwarotimi Akeredolu (SAN), was faulty.
A three-man panel, led by Justice Stanley Alagoa and assisted by Justices Sidi Bage and J. S. Ikyegh, sat over the case.
Arguing on the motion for additional records, counsel to PDP Mr. Fagbemi (SAN) said the records before the court were not complete. He attached a handwritten note stating what transpired in court and photocopies of newspaper reports on the case.
Counsel to Alao-Akala Chief Richard Akinjide (SAN) aligned with Fagbemi that jurisdiction should take priority over other matters.
Akeredolu said PDP had been excused from the case and a notice of discontinuance was filed at the lower court, so Fagbemi should not have appeared before the court.
He argued that the record brought from the lower court should not be admitted because it had not been confirmed by the lower court’s judge.
Akeredolu said the photocopies of newspapers tendered as exhibits were not admissible because they were not certified.
The court reserved ruling till April 19.
Continued here:
Appeal court reserves ruling in case against Alao-Akala’s candidature