By Onyewuchi Ojinnaka
Court of Appeal sitting at Akure will on Wednesday, June 18, determine the petition filed by Mr Eyitayo Jegede, the candidate of the Peoples Democratic Party (PDP) in the October 10 Ondo State gubernatorial election won by Oluwarotimi Akeredolu of the All Progressives Congress (APC).
The appellate court will also determine whether the issues raised by Jegede are pre-election matters or constitutional issues.
In the petition, Jegede is challenging the victory of Governor Oluwarotimi Akeredolu in the said gubernatorial election.
The Court of Appeal will also interpret Section 183 of the 1999 constitution as it relates to the qualification of Akeredolu and his deputy, Lucky Aiyedatiwa as the candidate of the All Progressives Congress (APC) in the election.
The three-man panel, led by Justice Theresa Ngolika Orji-Abadua, had fixed Wednesday June 16 for judgement after the submission of Jegede’s counsel, Oyeachi Ikpeazu (SAN), who in his submission, argued why Akeredolu and Aiyedatiwa should be sacked.Ikpeazu contended that Akeredolu and his deputy were not properly nominated by their party, the APC.
The Election Petition Tribunal had earlier in its decision, said it did not have jurisdiction to hear the case, and consequently dismissed the petition filed by Mr Eyitayo Jegede.
The tribunal held that issue relating to the qualification of Akeredolu and his deputy was not a pre-election matter, but a constitutional matter, which can be determined only by the higher courts.
Dissatisfied with the outcome of the judgement, Jegede filed an appeal against the decision of the tribunal that upheld the victory of Governor Akeredolu on the grounds that it did not have jurisdiction.
