Reports

Edo Election: Appeal Court Reserves Judgement

Published

8 years ago

May 30, 2017

Justice M.B Dongban-Mensem, heading a five-man appeal panel has reserved judgment indefinitely on the Edo State election matter instituted by the PDP Against the APC led government.

The panel had listened to the argument from both sides represented by their Senior Advocates of Nigeria (SAN) in the matter.

This was made known on Tuesday by the Court of Appeal sitting in Benin City, Edo State.

The case had earlier been instituted by the Peoples Democratic Party (PDP) candidate in the state governorship election, Pastor Osagie Ize-Iyamu and his party, challenging the verdict of the state governorship election petitions tribunal which upheld the All Progressive Congress (APC) candidate, Godwin Obaseki’s victory in the election.

Yusuf Ali (SAN) representing Ize-Iyamu and the PDP had filed an appeal against the judgment of the tribunal presided over by Justice Ahmed Badamasi.

The lower court had earlier gave judgment in favour of the Independent National Electoral Commission (INEC), Obaseki and the APC last Month.

Justices S. Tom Yakub, M.O. Bolaji-Yusuf, U.A. Ogakwu and Mohammed Mustapha who were members of the panel, unanimously dismissed a Motion on Notice brought by Ize-Iyamu pursuant to Order 6 Rule 1, Court of Appeal Rules, 2016, and Section 36(1) of the Constitution for the correction/amendment of the trial court’s record of his evidence-in-chief.

Ize-Iyamu had prayed for a leave of court to rely and use the evidence of the first appellant as recorded by Justice Gilbert Ngele (Member 1) of the trial tribunal instead of that of the Tribunal’s chairman.

The appellant also sought an order deeming the record of his evidence by Justice Ngele, made on January 30, as the correct record of his evidence-in-chief at the lower court.

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