The Court of Appeal has raised a new panel to hear an appeal by the Peoples Democratic Party (PDP) and Senator Buruji Kashamu representing Ogun East.
Members of the panel are Justice A.G Mshelia (Chairman), Justices Ignatius Agube and M.L Shuaibu.
They were constituted followed the disbandment of the former panel by the President of the Court of Appeal (PCA), Justice Zainab Bulkachuwa, over a bribery allegation by PDP and Kashamu.
The Justice Tobi Ebiowei-led Election Petition Tribunal sitting in Abeokuta, the Ogun State capital, on October 9 annulled Kashamu’s election and ordered the Independent National Electoral Commission (INEC) to conduct fresh election in 110 polling units in the next 90 days.
PDP and Kashamu appealed the judgment. The All Progressives Congress (APC) and its candidate, Dapo Abiodun, filed a cross-appeal.
“Nothing was so special in what the petitioner’s main witness said at the tribunal.
“He said he is an election expert and analysed the PW 44 form but bearing in mind that he only has a B.A in English.
“The tribunal also looked at documents tendered in the chambers. The tribunal also decided to go into the voter register that was not tendered. It was the Certified True Copy (CTC) that was tendered by the petitioner and not the original,” he said
But the lead counsel to APC and Abiodun, Yusuf Ali (SAN), prayed the court to dismiss the appeal, stressing that the lower tribunal based its judgment on the witness’ record.
“The judgment of the lower tribunal was based on facts. The appellants have not been able to show or demonstrate any perversion in the judgment of the tribunal.
“The tribunal did not conduct any research on his own on any document tendered by the petitioner but its decision was based on oral and documentary evidence tendered before it,” he said.
Justice Mshelia said the judgment date shall be communicated to the parties.
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