Ogbeni Rauf Adesoji Aregbesola V. Barister Niyi Owolade & Anor (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal on the Interlocutory Ruling of the Osun State Governorship Election Petition Tribunal sitting at Osogbo, delivered on 6th November 2014.

The Appellant, on the 23rd day of October, 2014, filed a motion on Notice for

(a) an order of the Tribunal striking out the Petitioner’s Reply same having been filed out of time prescribed by the Rules of this Honourable Tribunal;

(b) an order of the Tribunal deeming the petition as abandoned for the petitioner’s failure to apply for the issuance of Notice of Prehearing session after the close of pleadings; and

(c) an order of the Tribunal dismissing the petition for failure of the petitioner to apply for Issuance of Notice of Pre-hearing session before the expiration of the time prescribed by the Rules of the honourable Tribunal.

On the 4th day of November 2014, at the pre-hearing session Learned Counsel to the 1st Respondent (petitioner) orally applied that the Appellant’s preliminary objection be heard together with the petition. The Appellant and the Respondent opposed the said application.

In a considered Ruling delivered on 6th day of November 2014, the Tribunal ruled that “the pending motions shall be taken along with the petition”.

Dissatisfied with this Ruling, the Appellant filed a Notice of Appeal containing four (4) grounds of appeal on 20th day of November 2014.

The appeal was deemed heard on 28/01/2015.

The relevant briefs of argument for the appeal are as follows:

(a) Appellant’s brief of argument dated and filed on 12/12/2014 – settled by Chief Akinlolu Olujinmi, CON, San.

(b) 1st Respondent’s brief of argument dated 19/12/2014 and filed on 22/12/14 – settled by Adeloye Sobanjo Esq.

(c) Appellant’s Reply brief of argument dated 24/12/2014 and filed on the same day – settled by Kunle Adegoke Esq.