Appeal Court Rules on Ajimobi, Aregbesola Applications Feb 2

The Court of Appeal, Ibadan Division, yesterday, reserved ruling till February 2, next year on the applications brought by the All Nigeria Peoples Party (ANPP) governorship candidate in the April 2007 governorship election in Oyo State, Senator Abiola Ajimobi, against Governor Adebayo Alao-Akala, and the Action Congress (AC) governorship candidate in Osun State, Alhaji Rauf Aregbesola, against Governor Olagunsoye Oyinlola.
Ajimobi and Aregbesola had appealed the decisions of the Election Petitions Tribunals in Oyo and Osun States which upheld the elections of Alao-Akala and Oyinlola as governors respectively.
Aregbesola also wants the appellate court to give him more time to file respondents’ brief with regard to the controversial telephone conversation between one of the counsel in Oyinlola’s legal team, Otunba Kunle Kalejaiye (SAN), and the judges at the tribunal.
Counsel to Alao-Akala, Prince Lateef Fagbemi (SAN), said the application to file and argue additional grounds of cross appeal was brought under Order 7 rules 1, 2, and 10, Order 15 of the Court of Appeal rules as well as the inherent jurisdiction of the appellate court.
He said the respondent/applicant was asking for five main reliefs, which are spelt out based on the jurisdictional body of the motion and supported by a 28-paragraph affidavit and six exhibits.
However, counsel to Ajimobi, Chief Wole Olanipekun (SAN), faulted the application which he described as an attempt by the applicant to catch them by surprise, expressing surprise at the refusal of the applicant to raise the issue at the trial tribunal.
He argued that granting of the application would necessitate taking fresh evidence, pointing out that there was no record to challenge the proceedings of the lower tribunal before the appeal court.
Olanipekun submitted that the court is not a trial court, as it is only bound by the record of the appeal before it and urged the court to dismiss the application in the interest of justice.
In the other application brought by Aregbesola, counsel to the AC candidate, Chief Kola Awodein (SAN), said there are four interlocutory appeals and one main appeal.
The application, he stated, was meant to adduce further evidence in the appeal as well as an order admitting in evidence exhibits listed with regard to the appeal, especially on the MTN call logs which has been a subject a controversy at the lower tribunal.
He argued that the applicant applied for subpoena on the management of the MTN regarding the telephone conversation of Kalejaiye and the judges of the lower tribunal.
He submitted that the subpoena was consequent upon the insistence of the management of the telecommunications giant that it could only release the call logs on the order of a law court.
Awodein prayed for an order of the court to admit the exhibits in evidence, pointing out that the evidence has an important bearing on the main appeal.
But the counsel to Oyinlola, Chief Nathaniel Oke (SAN), faulted the application, submitting that the application is not a proper case where indulgence of adducing fresh evidence in an appeal should be granted to the applicant.
Oke had argued that there was no nexus between the evidence the applicant adduced on appeal, adding that issues must be properly raised before consideration could be given.
The counsel posited that the allegations on the telephone conversation between Kalejaiye and the trial tribunal judges remained mere speculation, unfounded and unproved and urged the court to refuse the application in the interest of justice.
The five-man Appeal team headed by Justice Victor Onagie said it would deliver judgment on the cases on February 2, 2009.