The Court of Appeal, sitting in Akure, has upheld the decision of the election petition tribunal which had affirmed the victory of Rauf Aregbesola in the August 9, 2014 Osun Sate governorship election.
The Court on Thursday dismissed the appeal of Iyiola Omisore, the candidate of Peoples Democratic Party in the election.
The court accepted the argument of Mr. Aregebsola of the All Progressives Congress that Mr. Omisore’s petition ought to have been dismissed as an abandoned petition in the first instance by the State Election Petition Tribunal before hearing by the Justice Elizabeth Ikpejime led tribunal.
The Justice Gana Mshelia-led Appeal Court in a unanimous decision dismissed Mr. Omisore’s appeal on the ground of incompetence.
It held that the grounds for the appeal did not arise from the judgment of the tribunal.
In determining the appeal, the court adopted the seven issues raised by the appellants and upheld the preliminary objections by Aregbesola and APC’s counsel, while resolving the issues against the appellant.
The Appeal Court noted that the decision of the tribunal was that Mr. Aregbesola’s counsel did not make any admission.
Further, the burden of the appellant to prove his case would only shift to the respondent if the appellant had advanced cogent, credible and reliable evidence of non-compliance which the appellant had failed to do in the appeal, the appellate court held.