The Allied People’s Movement (APM) in Ogun State, said it had concluded plans to challenge the September 14 judgement of the Ogun State governorship election petition tribunal, upholding the election of Gov Dapo Abiodun of the All Progressives Congress (APC), at the Appeal Court.
DAILY POST recalls that the Justice Yusuf Halilu-led tribunal had earlier dismissed the petition filed by the APM and its governorship candidate, Hon. Adekunle Akinlade, on the ground that it was not proven beyond a reasonable doubt that the election that returned Abiodun as the governor of Ogun State was marred with irregularities.
But the APM said it had “decided to appeal the September 14th judgement that purportedly “dismissed” our petition.”
This decision, the APM said, “was arrived at yesterday (Wednesday) evening after a number of questionable judicial proceedings was brought to the knowledge of our party leaders and stakeholders.”
The party alleged that the Chairman of the tribunal, Yusuf Halilu, misled the public by claiming that he had never been to Ogun State or know anything about Ogun State.
APM, during a press conference at its state secretariat, Leme, Abeokuta on Thursday, maintained that Halilu was being economical with the truth by saying during the tribunal proceedings that he had no prior knowledge of the Ogun State 2019 election case.
According to the APM, “Justice Yusuf Halilu did not only know about the Ogun State governorship elections, he had also given a favourable ruling to the second respondent, Prince Dapo Abiodun, in a related matter in October 2018 after the ‘botched APC’ primaries.”
While addressing newsmen, with copies of the court documents given out as evidence, the Acting Publicity Secretary of the party in Ogun State, Olumide Balogun, informed that Halilu had earlier adjudicated on a preelection case between one Baruwa and Abiodun.
The party alleged that “Halilu’s pretence when Mr Adedapo Abiodun counsel presented same as exhibit during the trial was misleading.”
According to Balogun, the APM also discovered a “letter by the second respondent, Prince Dapo Abiodun, dated dated 8th February 2019, addressed to the Registrar, High Court No 26 of the Federal High Court Abuja, drawing the attention of the Ogun State Governorship Election Tribunal Chairman to facts of this (Baruwa) case,” adding that “this prompted our legal team to dig further.”
It is the position of the APM that Halilu erred by sitting twice on a case twice when it said, “it is trite in law that a judge cannot sit on a case twice, more so when in the first instance, he had been accused of familiarity with a party in the case. He not only heard the case in Abuja, he came to Ogun State to base his judgement on the Ogun State election on a matter he had earlier adjudicated upon.”
To this end, Balogun said “the APM and its gubernatorial candidate have come to the conclusion that there is miscarriage of justice in the case we instituted on the Ogun State governorship election; saying “Our notice of appeal will be filed at the appropriate time in accordance with the law.”
Read the full statement below:
Leaders of our great party, the good people of Ogun State, gentlemen of the press. I heartily welcome you to the conference. I wish to thank you all for all your patience support and collective tenacity with regard to our quest to reclaim the mandate you freely gave Hon. Adekunle Abdulkabir Akinlade on the 9th of March 2019. There is no doubt that the last six months have been very challenging for all of us.
You will all recall that on Saturday 14th September 2019 the Ogun State Governorship Election Petition Tribunal dismissed our petition on the ground that it was not proven beyond reasonable doubt and that the issues raised on the false information supplied in the affidavit submitted to INEC by Mr Dapo Abiodun is purely a “pre-election” matter.
The tribunal in its wisdom further ignored the authorities provided by us but chose to rely on the Court of Appeal judgement in “Baruwa vs Dapo Abiodun” to affirm its position.
You may recall that on Monday 16th September, our governorship candidate, Hon. Adekunle Abdulkabir Akinlade, popularly called Triple A addressed party faithful where he said that his counsel has been directed to study the judgement and advise us on what position to take on the judgement. My dear good people of ogun state and party faithful, I am happy to confirm that the Allied People’s Movement (APM) has decided to appeal the September 14th judgement that purportedly “dismissed” our petition. This decision was arrived at yesterday evening after a number of questionable judicial proceedings was brought to the knowledge of our party leaders and stakeholders.
Although, the party has decided that it will allow the Court of Appeal to review those worrisome discoveries and consider the merits of our case, it is important to bring to your attention the following facts:
Claims by the tribunal chairman, Hon Justice Yusuf Halilu that he has never been to Ogun State or know anything about Ogun State was misleading to say the least.
Claims by the Tribunal Chairman, Hon. Justice Yusuf Halilu that he had no prior knowledge of the Ogun State 2019 election case is also not true.
Justice Yusuf Halilu did not only know about the Ogun State governorship elections, he had also given a favourable ruling to the second respondent Prince Dapo Abiodun, in a related matter in October 2018 after the botched APC primaries.
The tribunal chairman had prior knowledge of the “Baruwa” case, thus his pretence when Mr Adedapo Abiodun counsel presented same as exhibit during the trial was misleading.
Discovery of a letter by the second respondent, Prince Dapo Abiodun, dated 8th February 2019, addressed to the Registrar, High Court No 26 of the Federal High Court Abuja, drawing the attention of the Ogun State Governorship Election Tribunal Chairman to facts of this case prompted our legal team to dig further.
It is trite in law that a judge cannot sit on a case twice, more so when in the first instance, he had been accused of familiarity with a party in the case. He not only heard the case in Abuja, he came Ogun State to base his judgement on the Ogun State election on a matter he had earlier adjudicated upon.
Gentlemen of the Press, as a result of these instructive findings the APM and its gubernatorial candidate have come to the conclusion that there is miscarriage of justice in the case we instituted on the Ogun State governorship election. We have a duty to appeal the judgement to protect the integrity of our judicial system and restore the mandate freely given by the good people of Ogun State to our party.
We shall be approaching the Court of Appeal to establish our case that there has been miscarriage of Justice and that the integrity of the judiciary has been compromised. We shall provide the details or our claimd in court.
You may recall that the Hon. Justice Yusuf Halilu panel was the third to sit on the Ogun State governorship election petition. First was the Hon. Justice Onyeabor panel that was unceremoniously disbanded when it became clear that the powers-that-be could not compromise it. In its place, the Hon. Justice Coker panel was constituted despite the fact that she was from Lagos State. APM rejected the panel on the ground that Hon. Justice Coker served under the VP Prof Yemi Osinbajo when he was the AG of Lagos State with His Excellency, Asiwaju Bola Tinubu as the Governor.
The panel was then replaced with the Hon. Justice Halilu-led panel. As a party APM, our position has always been that as long as the process is just, we will accept the conclusion. Those who have chosen to turn truth on it seems to forget that this is Ogun State. We owe it to the good people of Ogun State, our democracy and the sanctity of our judicial system to see this through.
We hereby call on our party faithful and good people of Ogun state to remain patient and hopeful. The process of real greatness isn’t easy, they say, to this end, we thank everyone of you for your prayers and sacrifices. We thank Almighty God for his mercy and Grace in spite of all the attacks and unwarranted provocations. Our notice of appeal will be filed at the appropriate time in accordance with the law.
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