Osun guber: Court erred by nullifying Oyetola’s nomination as APC candidate, says lawyer

Ibrahim Lawal, counsel to Gboyega Oyetola, says the nullification of the Osun governor’s nomination as the All Progressives Congress (APC) candidate in the July 16 governorship election is unlawful.

Lawal described the ruling as a charade, noting that his team would file a notice of appeal challenging the decision.

Speaking during a radio programme in Osogbo, Osun capital, on Monday, the lawyer said “we are 100 percent convinced that this decision of the federal high court against our client can not see the light of the day”.

The lawyer said the supreme court had already pronounced a final verdict in a similar matter.

Lawal also argued that the petitioners filed their process 14 days after the stipulated time.

“These are the issues we brought to court but for reasons best known to the judge, with due respect to the judge of the federal high court, they ruled otherwise,” he said.

“The reason we have layers of the court was that when you are dissatisfied with a judgment of lower court, you go to another court, and Electoral Act is very clear when a matter is at the court nothing can be done on it until it gets to a final stage, the status quo remained.

“By the grace of God, we are filing a notice of appeal tomorrow challenging the ruling because the decision taken by the federal high court, in the eye of the law is perverse and against the established principle of law that had been laid down by the supreme court.

“We are not deterred and it has nothing to do with the issue that is ongoing at the tribunal. What we call judicial precedents are the facts that the sanctity of the laws had settled some cases by higher courts and the lower court can not go in contrary. When there are established decisions of the superior court, no lower court can go in contrary, any court that does so has committed what we called judicial rascality.

“So, I am very sure that this matter will be set aside by the court of appeal. In whatever form you look at it, that decision of the federal high court cannot stand in the case of Eyitayo Jegede and the Independent National Electoral Commission INEC. It is a 2021 decision and there was no other decision after it.

“The decision and the consequence of nominating a candidate rests in the congress of the party at the state level and they are not challenging the congress, they are not saying that the congress was not properly conducted, the only grouse they said they have was that it was [Mai Mala] Buni that signed. That has been settled by the supreme court.”

Lawal added that the judgement will not impact Oyetola’s case at the governorship election petition tribunal.

The Osun governor is challenging the electoral victory of Ademola Adeleke, the Peoples Democratic Party (PDP) candidate, at the tribunal.